Morganambal Mannaru and Another v Robert MacLennan-Smith and Others

The dispute concerned a road servitude over the property known as 1 Kings Avenue, Westville, Durban, owned by the first appellant and forming part of a sectional title scheme. The respondents owned neighbouring properties (1B, 1C, 1D and 1E Kings Avenue) and were the holders of a registered road servitude providing their only access to Kings Avenue. In 2012, the parties orally agreed that the respondents could erect a temporary security gate across the servitude at their own cost, subject to conditions ensuring the appellants’ access and future subdivision plans. A year later, the respondents sought to replace the temporary gate with a permanent gate for security reasons, which the appellants refused. Relations deteriorated and litigation followed. The respondents sought declaratory and interdictory relief permitting the erection and maintenance of a permanent gate and compelling registration of a notarial deed of servitude. The appellants opposed this and counterclaimed for removal of the gate or, alternatively, transfer of the servitude for compensation.

The appeal and the cross-appeal were dismissed with costs. The high court’s order permitting the erection and maintenance of a gate subject to conditions, and directing registration of the road servitude, remained in force.

The judgment is significant for clarifying South African law on the erection of gates across road servitudes. It affirms the central role of the civiliter modo principle and reasonableness in resolving conflicts between dominant and servient owners, particularly in modern security-conscious contexts. The case reinforces a flexible, context-sensitive approach to servitude disputes and aligns common-law servitude principles with contemporary constitutional values.