Servitudes

A servitude is a limited real right registered in the Deeds Office. It is registered in favour of another person or entity. The holder of the servitude is entitled to exercise a right on the part of the property where the servitude is registered over.

There are two types of servitudes: personal and praedial servitudes. A personal servitude is a right attached to one specific person. This personal servitude exists only for the lifetime of the specific person. Examples of personal servitudes are usufruct and the right to use. A praedial servitude is a right that attaches to the property itself and it is not affected by a change in ownership. Examples of praedial servitudes are right of way and servitudes with regard to electrical substations.

Personal servitudes are usually created in terms of a will, for example the surviving spouse is given the right to occupy the property during her lifetime. A praedial servitude is created by way of an agreement between the parties and city council and it usually includes compensation to the owner of the property.

Personal and praedial servitudes need to be registered against the title deed by way of a notarial deed.