n Without Prejudice - Oi - you can't do that : property law
|Article Title||Oi - you can't do that : property law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Cliffe Dekker Hofmeyr and 2 Cliffe Dekker Hofmeyr|
|Publication Date||Sep 2011|
|Pages||47 - 48|
The unusual and interesting facts of this matter served as an opportunity for the court in Kidson & Another v Jimspeed Enterprises CC & others  JOL 23455 (GNP) to refresh us on the law relating to personal servitudes, in this instance the right of habitation (right of free residence). The essence of the enquiry was whether a habitatio lapses if the servitude was unused (but not abandoned) by the holder of the right, the property having been transferred to a new owner but without the latter's knowledge of the habitatio and the physical building where the habitatio was to be enjoyed having been destroyed.
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