Question
Melusi is a pig farmer who benefitted from the land reform programme. He is given a farm in the Eastern Cape area of Gqeberha, adjacent
Melusi is a pig farmer who benefitted from the land reform programme. He is given a farm in the Eastern Cape area of Gqeberha, adjacent to the Dairyboard farm which is the biggest dairy farm in the Province. The Dairyboard farm has a large private dam for the cattle to drink from. Melusi's farm does not have a good source of water because his borehole is running out of water, so he approaches Zandre the owner of Dairyboard to give him the right to draw water from the farm and he agrees. Dairyboard farm also has abattoir facilities where they slaughter the bulls that they do not need for breeding. Melusi also enters into an agreement with Zandre to also use the abattoir to slaughter his pigs before he sends them out for sale at the market in Gqeberha City Centre.
6 months later Melusi has not installed any pipes to draw the water and he is angry with Zandre. He says to Zandre, "You are the servient tenement and you should install pipes for me to be able to access the water!"
Discuss whether the following will be registrable by defining the kind of rights and the reasons for their registrability.
5.1The right to draw water from the Dairyborard dam in favour of Melusi's Farm.
5.2 The duty on Dairyboard farm to build pipes to convey the water.
5.3The permission given to Melusi to use Dairyboard's abattoir.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started