Fourie v Oberholzer and Others [1914] ZATPD 127 (14 December 1914)

Servitudes.-Purchaser with knowledge.-Registration.-Law 3 of
1886, sec. 2.

Section 2 of Law Zi of 1886 provides that no servitude created by contract and granted after the publication of said law shall be valid as against third persons unless mentioned and described in the deed of transfer of the servient tenement, Held, that the section did not abolish or modify the common law doctrine of notice, and that therefore a third person who bought ground with knowledge of a servitude was bound thereby. Weilbach v. Diedriksen (Zi O.R. 80) followed.