Servitude Registration
Aspects Of Servitude Registration
Apart from the registration of property trusts, bond registration, and conveyancing services, Bert Smith Incorporated also does servitude registration regarding properties on behalf of clients.
What is Servitude Registration?
It is the specific procedure followed for rights on a specific piece of property benefitting a third party. From a land owner perspective servitude registrationmay have a negative impact on the value of the property. From the third party view, it is thus a gain. It is done over immovable property and gives the third party the right to way or to do something on the specific piece of property. In terms of duets for instance, a person will want a right of way to travel to the duet at the back of the stand. Without such a right there will be no way to get to the property in the back. This also applies to farms. One farm owner may not be able to get to his property if he doesn’t have a servitude registered over the properties owned by other farmers. It can also pertain to water rights where for instance, a dam is shared amongst several farmers while the dam is located on one farm.
The title deed of a property will clearly show the borders and the usage rights regarding servitudes registered on a piece of property.
Types of Property Servitudes
The law recognises two main types including that of praedial and personal. In the first one, a person who is the owner of the property has a specific right which will be transferred to the next owner in case of a sale. In the second option, it is a right in favour of a person specifically. The right is not attached to the property as such and cannot be transferred to another person.
Contact us today for servitude registration whether for praedial or personal servitudes.