National Water Act, 1998 (Act No. 36 of 1998)Chapter 13 : Access to and Rights Over LandPart 2 : Servitudes129. Procedure for acquisition and amendment of servitudes |
| (1) | A servitude contemplated in this Chapter may be acquired or an amendment or cancellation of a servitude obtained by— |
| (a) | executing and registering an applicable deed in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937); or |
(b) by means of an order of a High Court.
| (2) | A person claiming a servitude or an amendment of a servitude under this Chapter may, on reasonable notice to the landowner— |
(a) enter;
(b) make any investigation; and
(c) undertake any operation,
on the land which will be subject to the servitude, where this is reasonable in the circumstances and necessary for determining the nature and extent of the servitude and for complying with item 3 of Schedule 2.
(3) A person acting under subsection (2) must—
(a) cause as little damage as possible to the land; and
(b) where any damage is caused—
| (i) | repair the damage where possible; or |
| (ii) | pay compensation to the landowner in an agreed amount or an amount determined by a competent court. |
| (4) | An owner of the land against which a servitude contemplated in this Chapter is claimed, may claim to share in the use of any proposed waterwork relating to the servitude if— |
| (a) | the owner of the land is authorised to use water from a specific water resource; |
| (b) | the use of the waterwork is compatible with the authorised water use; and |
| (c) | the owner of the land agrees to be responsible for a proportionate share of the cost of constructing, repairing and maintaining the waterwork. |
| (5) | A claim to share in the use of a waterwork under subsection (4) must be dealt with— |
(a) in the agreement between the parties; or
(b) in a High Court order contemplated in section 130.