1. Understand the Servitude
Obtain clarity: Check the title deed and servitude agreement to understand its purpose, scope, and duration. Servitudes can be personal (granted to an individual) or praedial (benefiting another property).
Consult the deeds office: Obtain all records related to the servitude for a complete picture.
2. Determine the Impact
Assess whether the servitude materially affects the enjoyment, value, or intended use of your property.
Consult an expert (e.g., a property valuer) to understand the financial or functional implications.
3. Negotiate with the Beneficiary
Engage with the person or entity benefiting from the servitude.
Propose alternatives, such as relocating or extinguishing the servitude, or compensation for giving up their rights.
4. Legal Recourse to Remove or Modify the Servitude
If the servitude is outdated, unfair, or improperly registered:
Seek consent: The servitude beneficiary may voluntarily agree to cancel or amend it. This agreement must be registered at the Deeds Office.
Apply to court: If the servitude is unduly restrictive, unnecessary, or causing unreasonable hardship, you can apply to the High Court to remove or modify it. You will need to show:
The servitude is no longer relevant or needed.
It causes more harm than benefit.
5. Claim for Misrepresentation
If the seller failed to disclose the servitude before the sale and it materially affects the property’s use or value, you may have grounds to claim for damages or rescind the sale agreement. Consult with an attorney to explore this option.
6. Professional Assistance
Consult a conveyancer or property attorney to guide you through the process. They can advise on negotiation strategies, the legal validity of the servitude, and your rights.
Seek assistance from a mediator to resolve disputes amicably, if necessary
7. Future Precautions
Always perform a thorough title deed check and property due diligence before purchasing a property to avoid similar issues.
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