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National Water Act, 1998 (Act No. 36 of 1998)

Chapter 13 : Access to and Rights Over Land

Part 2 : Servitudes

127. Acquisition of servitudes

 

(1) A person who is authorised under this Act to use water may—
(a) claim a servitude of—
(i) abutment;
(ii) aqueduct; or
(iii) submersion; or
(b) obtain an amendment to any existing servitude of abutment, aqueduct or submersion,

to the extent that this is necessary to give effect to that authorisation.

 

(2) The servitude claimed under subsection (1)(a) may be—
(a) a personal servitude in favour of the claimant; or
(b) a praedial servitude in favour of the claimant in the claimant's capacity as owner of property on which the claimant may use the water.

 

(3) A servitude under this Chapter may also be claimed in respect of an existing waterwork.

 

(4) A person who intends to claim a servitude under this section must follow the procedure set out in Schedule 2.

 

 


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