Imagine saving to build your dream garage, only to find out you can't because it's subject to a servitude. This is a tough lesson many homeowners learn too late: owning land doesn't always mean full control over it.

If you are planning to buy a home or build on your current land, it’s important to understand the different types of servitudes and how to find them.

A servitude is a legal right (known as a limited real right) that allows someone else to use part of your property for a specific purpose. While you still own the land, the servitude limits how you can use that specific area.

What is a Servitude?

Different Types of Servitudes

There are three types of servitudes: praedial, personal, and public.

1. Praedial Servitude 

A praedial servitude is a land-to-land right that connects two properties. It means one property depends on another in some way. 

For example, if your house sits behind another house and the only way to reach it is by driving through your neighbour's property, the driveway is the servitude. This means that even though your neighbour owns their property, you have a registered right to use the driveway. 

This is particularly common on the Atlantic Seaboard and is an important factor for potential homeowners to consider.

2. Personal Servitude 

A personal servitude is a right given to a person and not property. It allows that person to live on the property even if they don't own it. 

A common example is a usufruct, which gives someone the right to stay in or use a property for the rest of their life. This right usually ends when that person passes away. 

For example, a parent might sell their home to their child but register a usufruct over it. This means the parent can continue living in the house, even though they no longer own it.

3. Public Servitude 

A public servitude is a right registered over the property for the benefit of the public. These are often required for essential infrastructure. Examples of this might be municipal access for pipes or for municipal services.

How to Check for Servitudes on Your Property

When dealing with servitudes, it's important to avoid surprises and ensure you know about them upfront.

You can check for servitudes on your property by:

  • Checking the title deed: The easiest way is to review it before buying a property. Have a look at the title deed and read through it carefully. It will mention any servitudes over the property you should be aware of.

  • Looking at the Surveyor General diagram: This diagram will not only show you the servitude but also exactly where it is located on the land. If you don't have access to the Surveyor General diagram, you can access it at the Surveyor General's office.

  • Visiting your local deeds office: You can ask questions about servitudes that might be registered over your own property.

Why This Matters for Homeowners

Servitudes do matter. They determine what you can and can’t do on your own property.

If you don’t understand what is registered over your home, or even your neighbour’s, you could face serious consequences.

Protecting Your Property Potential with RE/MAX Living

Finding the perfect location is only half the battle; ensuring you can actually build your dream vision is the other.

Because servitudes are not always obvious during a viewing, it’s crucial to be aware of these legal restrictions before they limit your renovation plans or affect your resale value.

At RE/MAX Living, our agents have over 25 years of experience navigating the specific nuances of the Cape Town market.

Whether you are looking for a subdivided plot in the Southern Suburbs or a hillside home on the Atlantic Seaboard, we can help you interpret the title deeds and diagrams to protect your investment from costly surprises.