Plaintiff seeks a declaratory order against defendants based upon a registered servitude to enforce its terms. Plaintiff’s contention is that defendants have transgressed the conditions of the servitude in that defendants erected a building with a height in excess of a 4 meter height restriction contrary to the terms of the servitude. Defendants’ plea is a denial of the transgression of the terms thereof.
Held that plaintiff’s action has its roots from the Roman Dutch law in terms of the actio confessoria and that plaintiff was entitled to enforce the terms of the servitude. Declaratory order granted.