Can personal servitudes be worded in such a way that they are perpetual in nature and thus freely transferable and transmissable

Van der Merwe, C. G. (2013-01)

CITATION: Van Der Merwe, C.G. 2013. Can personal servitudes be worded in such a way that they are perpetual in nature and thus freely transferable and transmissable?. Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2013(2):340-348.

The original publication is available at https://journals.co.za/content/journal/ju_tsar

Article

The issues in Resnekov v Cohen (2012 1 SA 314 (WCC)) were whether a restrictive condition inserted into the title deeds of the servient property constituted a praedial or personal servitude, and if found to be personal, whether it could be made transferable to successors in title by the correct wording of the restrictive condition in title deeds of the servient property.

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