n Tydskrif vir die Suid-Afrikaanse Reg - The availability of the when upon the subdivision of a farm into two portions and the alienation of these portions to different owners, an existing exit road is replaced
2013 5 SA 521 (WCC) : regspraak




This case concerns the availability of the in a particular scenario. The context is the subdivision of a plot of land. After the subdivision the owner of one of the subdivided portions closed off a gravel road that provided access to a public road to the owners of both subdivided portions. In an application for a spoliatory order the court a quo directed the appellants to restore the respondent's right of access by way of the gravel road across their property to the road connecting the two properties to the public road. This case came on appeal to the full bench of the Western Cape division of the high court. For an excellent and more traditional comment on the case, see Scott " and spoliation" 2014 151-162.


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