Gijzen v Verrinder 1965 (1) SA 806 (D)

Gijzen v Verrinder 1965 (1) SA 806 (D)

Issue: Whether a person who owns land that is subject to a servitude of right of way can erect a gate on the servitude road without the consent of the person who has the right of way.

Facts:

Verrinder owned a piece of land that was subject to a servitude of right of way in favor of Gijzen. This meant that Gijzen had the right to use the servitude road to travel to and from his own land.

Verrinder erected a gate on the servitude road without Gijzen's consent. Gijzen brought an application to the Durban and Coast Local Division (DLD) for an order compelling Verrinder to remove the gate.

Key Facts:

• Verrinder owned a piece of land that was subject to a servitude of right of way in favor of Gijzen.
• Gijzen had the right to use the servitude road to travel to and from his own land.
• Verrinder erected a gate on the servitude road without Gijzen's consent.
• Gijzen brought an application to the Durban and Coast Local Division (DLD) for an order compelling Verrinder to remove the gate.

Court's Decision:

The DLD held that Verrinder was not entitled to erect a gate on the servitude road without Gijzen's consent. The DLD reasoned that the servitude of right of way gave Gijzen the right to use the servitude road freely and without obstruction.

The DLD also held that the gate was an unreasonable interference with Gijzen's right of way. The DLD reasoned that the gate made it more difficult and time-consuming for Gijzen to use the servitude road.

Application of the Law to the Facts of the Case:

The DLD applied the law to the facts of the case and found that Verrinder was not entitled to erect a gate on the servitude road without Gijzen's consent. The DLD ordered Verrinder to remove the gate.

Conclusion:

The DLD's decision in Gijzen v Verrinder 1965 (1) SA 806 (D) is a significant case because it clarifies the law relating to the rights of landowners who own land that is subject to a servitude of right of way. The decision emphasizes that landowners cannot erect gates or other obstructions on servitude roads without the consent of the person who has the right of way.

The decision also provides guidance to landowners and their neighbors on how to resolve disputes over servitudes of right of way. Landowners should be aware of the rights of the people who have the right of way over their land, and they should avoid taking any actions that could interfere with the right of way. Neighbors who have the right of way over another person's land should be respectful of the landowner's property, and they should communicate with the landowner if they have any concerns about the servitude road.