Cancellation of Public Servitude at 7 Kenali Close, Noordhoek
Dear Neighbours, I am Rada Binovska, owner at 7 KENALI CLOSE, NOORDHOEK / Erf 4786 since August 2010.
BY SIGNING THIS PETITION YOU AGREE THAT THERE IS NO NEED FOR GENERAL PUBLIC ACCESS THROUGH MY PROPERTY.
My Title Deed contains a Public Servitude condition, which unfortunately for many years has been used as their 'Private Servitude' by my immediate neighbour, (owner of portion 68 of the farm 934 ~ Plot containing veterinary clinic and all the other dilapidated structures along the main road).
Legally this particular definition of servitude does not accommodate specifically my neighbor and all the traffic related to their property.
By definition: Public servitudes are created in favour of the general public and are not registered in favour of a specific person, legal entity or other immovable property. An example of such servitude would be a public road.
It is clear to me that road leads nowhere else but my house. Unlimited public access is a threat to my security.
Historically servitude was possibly established close to 100 years ago for the use of the farm workers, who had ‘living rights’ for the home that they’ve built in 1939. None of those people inhabit the building anymore and the owner of the land has access and ownership of all the land leading to that building. They are not landlocked in any way and have enough space to build their own access road.
I am severely traumatized for all these years by the mess and chaos next door, while the cost of maintenance of this 100m long untarred road is only my responcibility.
My constitutional right as an owner is to protect my property, all of it, as well as to represent myself in court and defend my right. I am preparing an application in High Court, where your voice could help me to put an end to this ordeal and build a secure wall to protect myself and my family.
My request is for your support by signing this Public Petition stating that General Public has no interest in using my property to access anything and the Title Deed Condition may be deleted.
Please feel free to call me any time if you have any questions or want to view in person. Anyone and everyone is welcome to sign. As Public Servitude is for general public. Additionally please note that all information and signatures is private and anonimous and wll only be presented to court.
Rada Binovska Tel. 0765835271
Rada Binovska Contact the author of the petition