Document background
The Simple Right of Way Agreement is a fundamental legal instrument in South African property law, used to establish and document access rights across one property for the benefit of another party. This document is essential when parties need to formalize access arrangements, whether for personal passage, vehicle access, or utility installations. It must comply with the requirements of the Deeds Registries Act 47 of 1937 and related legislation, particularly when the right of way is intended to be registered as a servitude. The agreement is commonly used in various scenarios, including providing access to landlocked properties, enabling utility companies to access infrastructure, or establishing shared driveway arrangements. A properly drafted Simple Right of Way Agreement should clearly define the extent of the right, maintenance responsibilities, and any usage limitations to prevent future disputes.
