Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online. Easily share your publications and get. Fairbridges Wertheim Becker Attorneys. Servitudes are limited real rights in the property of another person. Photo Booth For Mac Os X 10.4.11. They havetheir origins in ancient systems of feudalism. That is why many servitudes areagricultural in nature a right of way across the land of another, the right of thedominant owner to graze or water his livestock on the land of the servientowner, or the right to dig out chalk, sand or stones on the servient land for useon the dominant land. Other servitudes received from Roman Dutch law are less rural and moreurban in nature, such as servitudes of light, discharge of water from oneproperty onto another, and restrictions on building. Some of these have lostmost or all of their significance because of the development of modern urbanplanning and building regulations. An important distinction exists between praedial servitudes which vest over theservient tenement in favour of the owner of the dominant tenement, regardlessof the personal identity of the owners of either tenement at any given time, andpersonal servitudes which also vest over a specific servient propertyregardless of the identity of the owner at any given point, but is in favour of aspecific person in his or her personal capacity, regardless of whether thatperson owns any property. Data Becker Software Updates' title='Data Becker Software Updates' />This comprehensive study of servitude law is the first extensive work on thesubject for many years. It sets out in detail the current state of the law ofservitudes, including the common law, its development through the courts incase law, and in legislation. But it goes much further and evaluates the state of the law in the light of thesocial, economic and political functions of servitudes. The constitutionalcontext and policy considerations are taken into account, bearing in mindchanged circumstances, the unequal distribution of land, urban densities,housing shortages, environmental pressures and the tension between freedomand access on the one hand, and security of ownership on the other. Theneeds of the modern economy are considered as far as servitudes areconcerned, where both the retention and the relaxation of traditional antifragmentationcontrols can be justified insofar as they improve the conditionsfor efficient use of land. The author, Distinguished Professor Andr van der Walt B Jur et Art HonnsBA LLB LLM LLD, South African Research Chair in Property Law at. Stellenbosch University, has included comparative notes throughout the texton selected foreign law where appropriate which further places the law relatingto servitudes in the context of land use, policy and principles in variousjurisdictions. These contributions on foreign law by Lars van Vliet Ph. D,Assistant Professor of Dutch and Comparative Property Law at Maastricht. University, further elevate the breadth and insight of this magisterial textbook. Separate chapters deal with every aspect of the nature, acquisition andtermination of servitudes, the relationship between the servitude holder and theservient owner, and the full range of praedial, personal, statutory and, publicservitudes. Legal practitioners, property owners, financial institutions, urban and regionalplanners, local and traditional authorities, legislators, environmentalists and themining and agricultural sectors will find this welcome resource invaluable. Asalways with publisher Juta, the quilt has been craftily woven and stitchedtogether with skill and aplomb, keeping the end user in mind, and incorporatinga comprehensive index, bibliography, tables of cases and applicablelegislation, and pertinent footnotes where required. This book will serve as ahandsome lynchpin of Jutas Property Law Library. 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