Creation of Servitude

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Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Creation of Servitude

Creation of Servitude

{{company_name}} {{company_address}} Tel: {{phone}} Email: {{email}} Website: {{website}}

DEED OF SERVITUDE

This Deed of Servitude is made and entered into on this {{day}} day of {{month}}, {{year}}.

BETWEEN:

{{owner_of_servient_property_name}} (Identity Number: {{owner_of_servient_property_id_number}}), residing at {{owner_of_servient_property_address}} (hereinafter referred to as "the Grantor"),

AND

{{owner_of_dominant_property_name}} (Identity Number: {{owner_of_dominant_property_id_number}}), residing at {{owner_of_dominant_property_address}} (hereinafter referred to as "the Grantee").

WHEREAS the Grantor is the registered owner of certain immovable property described as [Full legal description of Servient Property including erf number, physical address, and title deed number] (hereinafter referred to as "the Servient Property").

AND WHEREAS the Grantee is the registered owner of certain immovable property described as [Full legal description of Dominant Property including erf number, physical address, and title deed number] (hereinafter referred to as "the Dominant Property").

AND WHEREAS the Grantor has agreed to grant to the Grantee, and the Grantee has agreed to accept, a servitude over a portion of the Servient Property for the benefit of the Dominant Property, subject to the terms and conditions hereinafter appearing.

GRANT OF SERVITUDE

The Grantor does hereby grant and create in favour of the Dominant Property, and its registered owner from time to time, a servitude of {{type_of_servitude}} over that portion of the Servient Property more fully depicted as [Description of the specific area or portion of the Servient Property affected by the servitude, e.g., 'a strip of land X meters wide along the northern boundary'] on the diagram attached hereto as Annexure "A", for the purpose of {{purpose_of_servitude}} (e.g., 'access, pipeline, electrical cable, drainage').

TERMS AND CONDITIONS

1. The Grantee shall have the right to {{specific_rights_granted_to_grantee}}.

2. The Grantee shall be responsible for the maintenance and repair of any infrastructure related to the exercise of this servitude, including but not limited to {{infrastructure_examples}}.

3. The Grantee undertakes to exercise the rights granted hereunder in a manner that causes the least possible disturbance or damage to the Servient Property and its owner.

4. The Grantor reserves the right to use the Servient Property, including the area over which the servitude is granted, provided that such use does not unreasonably interfere with the Grantee's exercise of the servitude.

5. Any damage caused to the Servient Property by the Grantee in the exercise of this servitude shall be repaired by the Grantee at their own cost, to the satisfaction of the Grantor.

6. The Grantee shall indemnify and hold harmless the Grantor against any claims, demands, costs, or expenses arising from the Grantee's exercise of the servitude.

DURATION OF SERVITUDE

This servitude shall be {{duration_type}} (e.g., 'perpetual' or 'for a period of {{number}} years commencing on {{start_date}}').

REGISTRATION

The parties agree that this Deed of Servitude shall be registered against the title deeds of both the Servient and Dominant Properties in the Deeds Registry at {{city_of_deeds_registry}}.

The costs of such registration, including all stamp duties and legal fees, shall be borne by {{party_responsible_for_registration_costs}}.

INDEMNITY

The Grantee hereby indemnifies and holds harmless the Grantor against any loss, damage, injury, liability, costs, or expenses (including legal costs on an attorney and client scale) that the Grantor may suffer or incur as a direct or indirect result of the Grantee’s exercise of the rights granted under this servitude, or any breach by the Grantee of the terms and conditions contained herein.

BREACH

Should either party breach any of the terms and conditions of this Deed of Servitude and fail to remedy such breach within {{number_of_days}} days of receipt of a written notice to do so, the aggrieved party shall be entitled, without prejudice to any other rights it may have in law, to {{remedies_for_breach}} (e.g., 'claim specific performance of the terms hereof, or to cancel this servitude and claim damages').

GOVERNING LAW

This Deed of Servitude shall be governed by and construed in accordance with the laws of {{country}}.

GENERAL

1. This Deed constitutes the entire agreement between the parties relating to the subject matter hereof and no variation, amendment, or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by both parties.

2. No indulgence, leniency, or extension of time which either party may grant or show to the other, shall in any way prejudice such party or preclude it from exercising any of its rights in terms of this Deed.

SIGNATURES

THUS DONE AND SIGNED at {{place_of_signature}} on the {{day_of_signature}} day of {{month_of_signature}}, {{year_of_signature}}.

_____________________________ {{owner_of_servient_property_name}} (Grantor)

WITNESSES:

1. _____________________________ (Name: {{grantor_witness1_name}})

2. _____________________________ (Name: {{grantor_witness2_name}})

_____________________________ {{owner_of_dominant_property_name}} (Grantee)

WITNESSES:

1. _____________________________ (Name: {{grantee_witness1_name}})

2. _____________________________ (Name: {{grantee_witness2_name}})