Building / servitude question

A

Aeryn23

Well-Known Member
Joined
Apr 20, 2021
Messages
208
Reaction score
148
Got this from a title deed I am checking:

1678732513524.png

Does this mean there is a servitude on the property? Or there needs to be 1,89m available on any one boundary except the street boundary for if the municipality needs to put a servitude in at some point?
 
Aeryn23 said:
Got this from a title deed I am checking:

View attachment 1491773

Does this mean there is a servitude on the property? Or there needs to be 1,89m available on any one boundary except the street boundary for if the municipality needs to put a servitude in at some point?
Click to expand...
That depends. Generally it means you need to allow for a servitude on one side (not street boundary) on a new development. But it is possible that there is an existing one which you need to check with the Municipality. If there is not an existing one yet, you can also apply to go over the servitude, but most cases this is where they ask for "on any two boundaries."

Is it in front of a panhandle property?
 
Aeryn23 said:
Got this from a title deed I am checking:

View attachment 1491773

Does this mean there is a servitude on the property? Or there needs to be 1,89m available on any one boundary except the street boundary for if the municipality needs to put a servitude in at some point?
Click to expand...

There is normally a 2m build line as well. Are you looking to get permission to cross the build line but are now running into the servitude issue?
 
Aeryn23 said:
Got this from a title deed I am checking:

View attachment 1491773

Does this mean there is a servitude on the property? Or there needs to be 1,89m available on any one boundary except the street boundary for if the municipality needs to put a servitude in at some point?
Click to expand...
It just means the first 1.89m of the erf on all 3 boundaries 'belongs" to the municipality. That's where they put your water meter, telephone poles, fibre poles, etc without needing your approval. And can also access it without your approval. Elsewhere in the world they will also call it an easement. You get public easements, and private...in all erfs.
 
RedViking said:
That depends. Generally it means you need to allow for a servitude on one side (not street boundary) on a new development. But it is possible that there is an existing one which you need to check with the Municipality. If there is not an existing one yet, you can also apply to go over the servitude, but most cases this is where they ask for "on any two boundaries."
Click to expand...

.
 
Last edited:
JustAsk said:
It just means the first 1.89m of the erf on all 3 boundaries 'belongs" to the municipality. That's where they put your water meter, telephone poles, fibre poles, etc without needing your approval. Else where in the world they will also call it an easement. You get public easements, and private...in all erfs.
Click to expand...

Is it on all 3 sides or 1 of the sides must have 1.89m?
 
Aeryn23 said:
Thank you. So according to the City of Johannesburg Surveyor General document, there is no servitude on the property. However, according to the Johannesburg Roads Agency diagram, there is one. The JRA also shows a manhole infront of the property which isn't actually there, it's infront of the neighbours property. There is definitely a servitude on the neighbours property (both maps / diagrams show this).

No, it's not infront of a panhandle property.
Click to expand...
That's frustrating. The last thing you want is building over a servitude and they need to dig up your house foundation.
 
A servitude can only run downhill... So likely only 1 side? Whether across the back of your yard to your neighbours' or down to the road ?
 
Aeryn23 said:
It seems ambiguous. "On any one boundary" tells me it's 1 of the boundary lines. If it says "on any boundary" I would read it as all 3.
Click to expand...
One boundary. They would say on any two or on any three where there is more than one boundary required for the servitude. Keep in mind this does not include building setback lines and other site restrictions.
 
JustAsk said:
all 3, except front...as stated
Click to expand...
giphy.gif
 
JustAsk said:
all 3, except front...as stated
Click to expand...
This is also the way I understand the wording to read.

The way it is written is probably not the best English, but logically you need to have a servitude on all sides of your home. If you build to the boundary of your property (other than the street side) and the Muni wants to develop something there, you are at risk of needing to demolish that section.

And if you are in doubt then talk to your municipality.
 
Creag said:
This is also the way I understand the wording to read.

The way it is written is probably not the best English, but logically you need to have a servitude on all sides of your home. If you build to the boundary of your property (other than the street side) and the Muni wants to develop something there, you are at risk of needing to demolish that section.

And if you are in doubt then talk to your municipality.
Click to expand...
No, you don't.

It says "you must allow for a servitude on one of the boundaries, except for the street boundary."
 
If there was a servitude on the property, would the title deed indicate which boundary the servitude is on?
 
abudabi said:
A servitude can only run downhill
Click to expand...
Not so. A servitude is simply a legal right to use a defined section of the property for the purposes specified in the servitude. It could be simply the right to foot or vehiclar access (such as from a public roadway to an adjoining property), or it could be for sewerage, waterlines or electrical cables to an otherwise inaccessible adjoining property.
 
Aeryn23 said:
It seems ambiguous. "On any one boundary" tells me it's 1 of the boundary lines. If it says "on any boundary" I would read it as all 3.
Click to expand...
They can use only one, if they can/want, but the servitude is available on ALL 3 SIDES. Look at your yard and others; the water meter is situated on the front of one side in the servitude area. Then usually (but not always) an old telephone pole, or fibre pole is in the servitude area on the opposite side at the back.

Then, the underground drain pipe runs alongside your back boundary...in the servitude area. The limits of your building line ends on ALL 3 SIDES at the servitude area.

It doesn't mean you can't use the area. Its still yours. You can't usually build there but there are exceptions. Just make sure to leave the front corner part and the back corners open, and you'll be safe.

It just means,if the municipality wants to put something there, they don't need your permission. If a fibre operator wants to plant their pole, they ask the municipality's permission, not yours. But if anybody wants to do something in your yard OUTSIDE the 1.89m, they need YOUR permission.
 
JustAsk said:
They can use only one, if they can/want, but the servitude is available on ALL 3 SIDES. Look at your yard and others; the water meter is situated on the front of one side in the servitude area. Then usually (but not always) an old telephone pole, or fibre pole is in the servitude area on the opposite side at the back.

Then, the underground drain pipe runs alongside your back boundary...in the servitude area. The limits of your building line ends on ALL 3 SIDES at the servitude area.

It doesn't mean you can't use the area. Its still yours. You can't usually build there but there are exceptions. Just make sure to leave the front corner part and the back corners open, and you'll be safe.

It just means,if the municipality wants to put something there, they don't need your permission. If a fibre operator wants to plant their pole, they ask the municipality's permission, not yours. But if anybody wants to do something in your yard OUTSIDE the 1.89m, they need YOUR permission.
Click to expand...
.
 
Last edited:
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X