Public can apply for servitude on greenbelt plot

Jacques van Zyl, Meadowridge

Having read all your articles regarding the fencing off of the property now owned by Schumacher Real Estate (“Questions over greenbelt zoning,” Bulletin, March 28), it would seem to me that the property had been used by the public for recreational purposes for more than 30 years. If that is the case, is it not possible for the public to apply for a servitude to be registered against the title thus allowing the public to continue using it for recreational purposes? Surely the Prescription Act 68 of 1969 applies?

The City of Cape Town responds: Acquiring ownership over immovable property by prescription under South African Law is regulated by the Prescription Act of 1969. It generally provides that if a person has possessed a property openly, as if he/she were the owner thereof, for an uninterrupted period of 30 years, he/she has acquired ownership thereof by prescription.

A formal claim to the registered landowner will be required to assess in terms of the provisions of the Prescription Act.