Reflections On Law – May 2021

SERVITUDEPASSIVITY PRINCIPLE VS DUTY TO PERFORM IMPOSED ON A PROPERTY SUBJECTED TO A SERVITUDE In the case of QUEST PETROLEUM (PTY) LTD (“Quest”), MARLENE WALTERS and VAN ZYL’S GARAGE CC Case No 16225/2017 High Court Western Cape Division; a so called “product servitude” was registered on the land attempting to impose a duty on the land…