The availability of the mandament van spolie 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 : Van Rhyn NNO v Fleurbaix Farm (Pty) Ltd 2013 5 SA 521 (WCC)

Van Der Merwe, C. G. (2014-01)

CITATION: Van Der Merwe, C.G. 2014. The availability of the mandament van spolie 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 : Van Rhyn NNO v Fleurbaix Farm (Pty) Ltd 2013 5 SA 521 (WCC). Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2014(3):615-625.

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

Article

This case concerns the availability of the mandament van spolie 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.

Please refer to this item in SUNScholar by using the following persistent URL: http://hdl.handle.net/10019.1/104513
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