Pinau Consulting Engineers

15/07/2026

03/07/2026

Congratulations Nicky. You go girl!!!!!

03/06/2026

How the Latin Phrase Nec Vi, Nec Clam, Nec Precario Affected
a Recent Property Dispute Case.
https://www.mblh.co.za/Our-Insights/ArticleDetail/Title/How-the-Latin-Phrase-Nec-Vi-Nec-Clam-Nec-Precario-Affected-a-Recent-Property-Dispute-Case

03/06/2026

A via necessitatis (way of necessity) is a legal right-of-way servitude in South African law, enabling a landlocked property owner to access a public road by crossing a neighbor’s land. It arises automatically from necessity, not mere convenience, when no other access exists.
www.loftuslaw.co.za +1
Key Aspects of Via Necessitatis:
• Definition: A "right-of-way of necessity" usually created by a court against a neighbor’s will when a property is completely landlocked.
• Requirements: The owner must show they have no other reasonable way to reach a public road, and that the proposed route is the least damaging.
• No Alternative Access: It cannot be claimed if a, perhaps less convenient, consensual right of way already exists.
• Compensation: While the law allows it, the servient landowner may be entitled to compensation for the restriction on their property, sometimes involving Constitutional considerations.
• Nature: It is a real right that can be registered in the Deeds Office against the affected properties.
www.loftuslaw.co.za +5
It is important to note that via necessitatis is often used interchangeably with via ex necessitate.