Bartolli and Nonhlanhla have been neighbouring tomato farmers for 15 years. They have a friendly relationship with each other and encourage their children to believe in the spirit of Ubuntu. Bartolli has travelled across Nonhlanhla's land to gain access to the main road for many years. Bartolli and Nonhlanhla do not want to spend money on registering a servitude of way as they believe that their word is their bond but they want the servitude to be binding on all future generations.

Bartolli and Nonhlanhla call a joint family meeting where Bartolli and Nonhlanhla both sign an agreement stating that Bartolli and his successors in title will always have a right of way over Nonhlanhla's property. The agreement states that Nonhlanhla and her successors in title will always permit the right of way.

The children of Bartolli and Nonhlanhla, who will inherit the respective farms (once Bartolli and Nonhlanhla die), are all present at the meeting. In addition, Bartolli and Nonhlanhla make all their children sign as witnesses of the agreement.

A few years later Nonhlanhla dies and the property is transferred to her successor in title, her son, Jacob.Jacob decides to challenge the unregistered servitude.

Advise Jacob as to whether he (as a successor in title to Nonhlanhla) will be bound by the unregistered servitude. In your answer, refer to relevant legal principles and relevant case law.