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Urban Planning
Servitude over Erf 1034 Hout Bay
Agenda #6August 20, 2026
Summary
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The Council will consider the proposed granting of a servitude over City-owned immovable property, being a portion of Erf 1034-RE Hout Bay, to the Provincial Government of the Western Cape.
A servitude is a limited real right that lets someone use another person's land for a specific purpose without taking ownership. Common examples are pipelines, cables, access routes and drainage. Here, the City of Cape Town would grant the Western Cape Provincial Government a right over part of Erf 1034-RE Hout Bay, a City-owned property. "RE" means the "remainder" of the erf after portions have been subdivided or transferred. The published item doesn't say what the servitude is for. Typical uses are access, services infrastructure, or support for a provincial facility such as a school, clinic, road or housing project.
The City's Municipal Asset Transfer Regulations, issued under the Municipal Finance Management Act (MFMA), and its Management of Certain Rights in Immovable Property policy govern the grant. Council usually considers these items after the relevant departments, such as property management and utilities, have commented. The City must also decide whether the right is granted at market value, at a nominal amount, or free of charge. If a servitude is registered over City land, it is recorded at the Deeds Office and normally binds future owners of the land.
The item matters because it affects how public land is used and encumbered. It also shows how the City and the province cooperate on shared service delivery in Hout Bay, where land is limited and development is often contested. Residents can usually follow such items through the Council agenda and the City's public notices, and they may be able to comment or object. I couldn't retrieve City documents on this particular erf, so check the agenda item itself for the exact purpose, extent and conditions.
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