05 December 2005

Property in South Africa

Municipal authorities want the owners of a R4 million Keurboomstrand holiday property to allow them to build a major Plettenberg Bay sewerage pipeline through it.

And now the Bitou Municipality has taken Cape High Court legal action to force the land's owners - who call it "unconstitutional" and motivated by the municipality's apparent desire to save R280 000 in building costs - to agree to it.

The owners, a family who have spent 33 years holidaying at the beachfront property, are also kicking up a stink over the municipality's plans to turn their holiday home into a sewerage thoroughfare without giving them any compensation.

The Bitou Municipality, represented by Ashley Binns-Ward SC and Mark Blumberg, has asked for an order confirming its right to construct a buried sewerage pipeline across a property owned by Nicolaas Swart's family company Gersumanic as well as directing the company to allow the building of it.

The municipality claims it has been given the right to construct the pipeline, which will run between Keurboomstrand and Plettenberg Bay, by a condition within the property's title deed.

But Swart, represented by Rulof van Riet SC and Rob Stelzner, argues that the condition was intended to provide for the building of waterpipes, sewage and drainage of sub-divided properties in the Keurboomstrand area and disputes that they were ever meant for the creation of a public sewer.

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