National Water Act, 1998 (Act No. 36 of 1998)

Chapter 13 : Access to and Rights Over Land

Part 2 : Servitudes

130. Powers of High Court in respect of claim for servitude
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On hearing a claim for a servitude or for an amendment to a servitude in terms of this Chapter, a High Court may—

(a)award the claim with or without modifications, on such terms as it considers just;
(b)award compensation or refuse to award compensation;
(c)determine whether a proportionate amount of compensation should be paid to the holder of a right of lease, mortgage, usufruct or similar right over the property, and order that such compensation be paid; or
(d)dismiss the claim.