There is no need for a formal act or contract between the landowner and those exercising the right: the fact that the user openly used the access road without being challenged by the landowner may suffice. If the existence of the right is at issue and legal action is initiated, the parties` evidence should focus on the exact route of access, who used the line, for how long and how often. The reader says that he understands that servitude gives his neighbour a right of priority and that he should not restrict access to it. But he maintains that the access road is still on his property and that he certainly has some right. The problem with this description is that there are usually four boundaries to a land and that, as a general rule, only one of them has street fronts, which means that in a description such as the one cited here to illustrate, it is not possible to distinguish from this description, along which is actually one or two boundaries of the land in question the communal easement. Such agreements can be concluded orally, but it is preferable that there be a written protocol signed by both parties. First, a real estate easement weighs and must therefore be “interpreted in a restrictive manner”. This is a very important principle that landowners and land managers should respect. The courts will attempt to interpret easements in such a way as to limit the burdens on another property. A pre-diale easement is therefore a genuine right that allows one part of the land to obtain the utility of the right, and the other part of the land is subject to the law. This easement is related to the property itself and not to a person, and although a change of ownership may take place, this easement will continue to exist and can only be denounced in agreement between the parties. Thus, it cannot change the state of the place, nor transport the exercise of servitude to a different place from the one where it was originally assigned.
However, when easements are created in title deeds, it sometimes happens (particularly with regard to municipal easements in the urban area of Johannesburg) that the description of the easement is vague and does not explain exactly where it is. Otherwise, you run the risk of the easement being “interpreted in a restrictive manner” and limited to the explicit uses described in the written document, and you risk losing the easement, as happened in this case. Five (5) things to know when a country requires an easement or right of way. A personal easement allows the holder of the actual right to exercise a right to property of another or to prohibit another from exercising a normal property right. This easement is for the benefit of a particular person and cannot be transferred to a third party. Personal functions may be performed for a fixed period of one year or up to the future event or for the life of the beneficiary, but not beyond his or her death. But just because a service is not registered does not mean that there are no rights and/or obligations between the parties to the service contract. That could be the case, for example.
B, if an easement is to be registered, but has not been inadvertently recorded.