Durban City Council v Woodhaven Ltd and Others 1987 (3) SA 555 (A)

Durban City Council v Woodhaven Ltd and Others 1987 (3) SA 555 (A)

Issue: Whether a court has the power to order the relocation of a servitude, even if the owner of the servient tenement does not consent to the relocation.

Facts:

Durban City Council (DCC) wanted to develop a piece of land that was subject to a servitude of right of way in favor of Woodhaven Ltd and Others. The servitude of right of way was created in 1885 and granted Woodhaven Ltd and Others the right to use a road across the DCC's land to access their land.

The DCC proposed to relocate the servitude of right of way to a new road that would be built adjacent to the DCC's land. Woodhaven Ltd and Others objected to the relocation of the servitude of right of way. They argued that they had a vested right in the existing servitude of right of way and that the DCC could not relocate the servitude without their consent.

Key Facts:

• The Durban City Council (DCC) wanted to develop a piece of land that was subject to a servitude of right of way in favor of Woodhaven Ltd and Others.
• The servitude of right of way was created in 1885 and granted Woodhaven Ltd and Others the right to use a road across the DCC's land to access their land.
• The DCC proposed to relocate the servitude of right of way to a new road that would be built adjacent to the DCC's land.
• Woodhaven Ltd and Others objected to the relocation of the servitude of right of way.
• They argued that they had a vested right in the existing servitude of right of way and that the DCC could not relocate the servitude without their consent.

Court's Decision

The Supreme Court of Appeal (SCA) held that the DCC had the power to order the relocation of the servitude of right of way, even if Woodhaven Ltd and Others did not consent to the relocation. The SCA reasoned that the DCC had a general inherent power to control its own process and to ensure that its judgments were enforced in a just and equitable manner.

The SCA also held that the DCC's power to relocate the servitude of right of way was subject to the following conditions:

• The relocation of the servitude of right of way must be necessary for the development of the DCC's land.
• The relocation of the servitude of right of way must not cause any undue inconvenience or expense to Woodhaven Ltd and Others.
• Woodhaven Ltd and Others must be compensated for any loss or damage that they suffer as a result of the relocation of the servitude of right of way.

Application of the Law to the Facts of the Case

The SCA applied the law to the facts of the case and found that the DCC was entitled to order the relocation of the servitude of right of way. The SCA held that the relocation of the servitude of right of way was necessary for the development of the DCC's land and that it would not cause any undue inconvenience or expense to Woodhaven Ltd and Others.

Conclusion

The SCA's decision in Durban City Council v Woodhaven Ltd and Others 1987 (3) SA 555 (A) is a significant case because it clarifies the law relating to the relocation of servitudes. The decision emphasizes that a court has the power to order the relocation of a servitude, even if the owner of the servient tenement does not consent to the relocation.

The decision also provides guidance to landowners and servient tenement holders on the factors that the court will consider when determining whether to order the relocation of a servitude.