VALUATION OF…
Servitudes
Registered real rights over property in favour of another property or person, valued on the diminution in value they cause or the benefit they confer.
Content status: Methodology and evidence log — Sources, Caselaw and Market Information are added incrementally.
Methodology
A servitude is valued by assessing its effect on the value of both the burdened (servient) and benefited (dominant) property — typically as the difference between the unencumbered value of the servient property and its value subject to the servitude, cross-checked against the value the servitude adds to the dominant property or the income it may generate if it is a registered right of way, access or utility servitude generating a rental.
The Big Five framework is not directly applicable, as a servitude is a right over property rather than an income-producing asset class in itself; the valuer should instead assess the extent of the burden (area affected, restriction on use or development), whether it is personal or praedial, and its registered duration, and quantify its effect through a before-and-after comparison of the servient property’s value.
A Direct Comparison cross-check against sales of comparable properties burdened by similar servitudes, where available, or against negotiated servitude compensation amounts for similar utility or access rights, should be used to test the before-and-after valuation.
Caselaw
Case law, regulatory rulings and expert-determination disputes relevant to valuing this asset class. Each entry cites its source and summarises the practice implication for valuers — this is not investment, financial, or legal advice.
The Evidence Log is for VDH Members
The Evidence Log for Servitudes — sourced sales, disposals and rentals with Valuer’s Lens commentary — is included in VDH Membership: from R125/month for SACPVP candidates and students, R399/month standard. All prices include VAT.
The methodology and case law on this page remain free to read.