n Without Prejudice - Oi - you can't do that : property law

Volume 11, Issue 8
  • ISSN : 1681-178X



The unusual and interesting facts of this matter served as an opportunity for the court in [2009] 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 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 and the physical building where the was to be enjoyed having been destroyed.

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