Superior Courts Act, 2013
R 385
National Water Act, 1998 (Act No. 36 of 1998)Chapter 13 : Access to and Rights Over LandPart 2 : Servitudes130. Powers of High Court in respect of claim for servitude |
On hearing a claim for a servitude or for an amendment to a servitude in terms of this Chapter, a High Court may—
| (a) | award the claim with or without modifications, on such terms as it considers just; |
| (b) | award compensation or refuse to award compensation; |
| (c) | determine whether a proportionate amount of compensation should be paid to the holder of a right of lease, mortgage, usufruct or similar right over the property, and order that such compensation be paid; or |
| (d) | dismiss the claim. |