In an almost wild disregard for a farm owner’s rights, the mining company in this matter used a dirt road on a farm to stockpile and transport coal to a siding, knowingly without consent from the owner.
The owner’s efforts to manage the dispute came to nil and it was ultimately forced to apply to court.
There the mining company asserted their rights by claiming that there was indeed an existing oral agreement with the farm’s previous owner, allowing it to use the road.
The court made short strife with this argument, confirming that in order for any right to the use of immovable property to bind future owners, a servitude registered against the title deed is the way to go. The oral agreement was also not proven. The judgment highlights how important it is to formalise arrangements where your personal or business endeavours require of you to use parts of land that belong to another
Property Law Consultant
Tonkin Clacey Pretoria