Easements, rights of way, and covenants registration

FAQ for Easements, rights of way, and covenants registration

What is an easement?

An easement is a right given to a person or entity to use another person's property for a specific purpose. It allows the holder of the easement to access or use a portion of the property without having to own it.

What is a right of way?

A right of way is a type of easement that gives someone the right to pass over another person's property. This can be for a specific purpose, such as accessing a neighbouring property, or for general use, such as a public road.

What is a covenant?

A covenant is a legal agreement between two or more parties that sets out certain obligations or restrictions on the use of a property. It can be used to regulate things like building height, noise levels, or the type of activities that can be conducted on the property.

Why do I need to register my easement, right of way, or covenant?

Registration of easements, rights of way, and covenants is important because it ensures that these rights are legally recognized and enforceable. This means that if there is a dispute over the use of the property, the registered owner of the easement, right of way, or covenant can take legal action to protect their rights.

How do I register an easement, right of way, or covenant?

To register an easement, right of way, or covenant, you will need to prepare a legal document that sets out the details of the agreement. This document will need to be signed by all parties involved and submitted to the Deeds Office for registration.

What happens if I don't register my easement, right of way, or covenant?

If you don't register your easement, right of way, or covenant, it may not be legally recognized or enforceable. This means that if there is a dispute over the use of the property, you may not be able to protect your rights. It is always best to register these agreements to ensure that they are legally binding.

Conveyancing attorneys in South Africa specialize in the transfer of property ownership and the registration of immovable property transactions. The primary legislation governing conveyancing in South Africa is the Deeds Registries Act of 1937. This act outlines the procedures and requirements for the registration, transfer, and mortgage of immovable property. The Law Society of South Africa, along with its provincial branches, regulates and provides guidance to conveyancing attorneys. To access more information about conveyancing law and the Law Society of South Africa, you can visit the following links:

1. Deeds Registries Act: http://www.justice.gov.za/legislation/acts/1937-047.pdf
2. Law Society of South Africa: https://www.lssa.org.za/