Kruger v Joles Eiendom (Pty) Ltd

The parties owned adjoining properties in Dorp Street, Stellenbosch. Reciprocal servitudes were registered over a narrow passage along their common boundary, described as being 'for the common use' of both properties. After a wall was built in 1966, access from the passage to the defendant’s property was blocked and the defendant and its predecessors did not use the passage for decades. The plaintiff claimed that the servitude in favour of the defendant had been extinguished by extinctive prescription due to non-use for more than 30 years. He also claimed ownership by acquisitive prescription of an adjoining area of the defendant’s land (the ‘extended passage’), which he had openly controlled, improved, and used as his own for more than 30 years. The trial court upheld both claims. On appeal, the full court reversed the finding on extinction of the servitude but confirmed acquisition by prescription. Both parties appealed to the Supreme Court of Appeal.

The appeal succeeded with costs; the order of the full court was set aside and replaced with an order dismissing the defendant’s appeal with costs. The cross-appeal was dismissed with costs.

The case is a leading authority on the interpretation of ambiguous servitudes in South African law, reaffirming the principle of restrictive interpretation in favour of the servient tenement. It also provides clear guidance on the application of extinctive and acquisitive prescription to servitudes and land ownership under the Prescription Act.