Effect of the destruction of a dwelling on the personal servitude of hatatatio - Kidson v Jimspeed enterprises CC

Abstract

It would appear that modern South African legal literature on the right of habitation (habitatio) as one of the conventional forms of personal servitudes is extremely sparse. In the normal property law curriculum applicable to personal servitudes, it is customary to allocate the lion’s share of available time to usufruct (ususfructus), thereafter to gloss over the rights of use (usus) and, finally, merely to refer to habitatio in rather cursory fashion.