Extract 1:

"NOW THEREFORE the servient owner as owner of the servient tenement, hereby gives and grants to the dominant owner and his successors in title, as owner of the dominant tenement a perpetual sewerage pipeline servitude over the servient tenement along a route to be determined by agreement between the servient owner and the dominant owner with the right to the dominant owner to use the said servitude in perpetuity for the conveyance thereover of sewerage by way of a sewerage pipeline."

Extract 2:

"Upon my death, I bequeathed my house to my grandson GD subject that my surviving spouse SS shall be entitled to occupy the property, free of rental, for the rest of her lifetime and on her death, to my daughter D until her death."

Extract 3:

"No house in a certain township may be smaller than 250 square metres and no corrugated iron roofs are allowed. "

Identify what types of servitudes are referred to in the above extracts.

What is the essential difference between a personal servitude and a praedial servitude? Discuss fully whether either or both of them are real rights or personal rights and give full reasons for your answer.

(12)

Can the right in Extract 2 be enforceable against D's successors in title after

her death?

(2)

Is the right that is established in Extract 2 correct and enforceable?

(2)

What condition applies with respect to the example in Extract 3?

(10)

How will the right in Extract 1 be terminated?

(6)