The pipetrack above Hout Bay is closed!

[Hairy]

I once owned a property where the deed specified servitude (albeit it was for underground infrastructure etc.) ... but the property deed might thus have something in it 

 

Looking at that I can see why the developer is wanting to control access

 

So if it is classified servitude, it must stay open to the public?

 

Depends what the servitude is for. I would assume it would be for services, and if so this would just limit or exclude development on that part of site where the servitude is located. The property owner can also apply to have the servitude reduced or removed pending the particular conditions.

 

That road has been named, so I would assume you could / would be able to fight for the access rights.

Edited April 14, 2021 by Hairy

[EddieV]

So if it is classified servitude, it must stay open to the public?

 

I just had to give access onto the property when requested by the municipality, and couldn't build across it. I suppose there is different types of servitude. Was underground water supply infrastructure.

[Jewbacca]

Doesn't that end in a housing estate?

 

I'm pretty sure the residents of that housing estate will be happy not to have cyclists buzz through their gated community. 

 

I would suggest it might be a really good time to get permission to ride up the gravel roads in Orange kloof instead.

 

Pop out on the same side of the road as the Nek to Newlands Forest traverse. 

 

Fighting that fight seems more appropriate than saying 'stop this because it's always been so'... There is a better option, so why not make a case for that?

[Alouette3]

Nope, the other end pops out onto the road Bokkemanskloof, it runs above the other development.

[dave303e]

There is a pipeline servitude, but on the survey diagrams there was also a temporary access servitude registered in 1999. Now when this expires or if it was transferred with new owners etc is all questionable. One would need to get hold of the deed K122/2001

 

Pipe servitude diagram number: 2553/1989

Temp access diagram number: 3857/1999

ERF diagram number: 153/1830

 

http://csg.dla.gov.za/esio/searchsgkey.jsp

Edited April 14, 2021 by dave303e

[Jewbacca]

Nope, the other end pops out onto the road Bokkemanskloof, it runs above the other development.

I still think it would be awesome to ride up the other side. It might be a prudent action to discuss the fact that this is a thoroughfare with the developer, who can then throw their weight behind and orange kloof route in order for their plans not to be halted/shut down?

 

I'm just trying to suggest that there are other ways to get similar (if not better) results.

Edited April 14, 2021 by Jewbacca

[Alouette3]

Orangekloof would be epic, but remember still under the restricted restrictions of 12 users per day, only with permission and member of the hiking club needs to be part of the party or a guide. A struggle enough to get permits in place for other areas on the mountain. But can only be hopefully of one day....

[Jewbacca]

Orangekloof would be epic, but remember still under the restricted restrictions of 12 users per day, only with permission and member of the hiking club needs to be part of the party or a guide. A struggle enough to get permits in place for other areas on the mountain. But can only be hopefully of one day....

Yeah, that is mostly to stop the hikers/runners from illegally going up all the closed ravines which are under restriction trying to recover from fires.

 

It doesn't work though... I see so many people social media'ing about their epic trips up there.... same as Wally's cave. Closed but busy!

 

A well constructed proposal with weight and the right backing might just start something cool. It is an avenue I would be interested in getting behind.

[Duane_Bosch]

 

It doesn't work though... I see so many people social media'ing about their epic trips up there.... same as Wally's cave. Closed but busy!

 

We walked from suikerbossie to orangekloof fence last week. apart from the 67 dog turds on the path (yes I counted) The fence is totally fubar. It's too much of a ballache to get a legal access so we'll just break the fence down so we can enjoy the nature. Namaste.

 

People are Erseholes.

 

Regarding the servitude question. The answer is in the name. It needs to remain accessible for servicing. It's not a free to access thing. If it is a servitude the owner can close it up but it has to be accessible via a gate so whatever infrastructure exits there can be serviced. I know this because I had a mini sub station on my previous property.

 

Regarding the closing of that road. That's very surprising to me. I've been a resident of HB for a number of years and there have always been rumblings of Bay road being used as a 2nd access road to HB. That's pretty much the primary reason I didn't buy in bokkemans kloof.

Edited April 14, 2021 by Duane_Bosch

[Bicyclegear]

I still think it would be awesome to ride up the other side. It might be a prudent action to discuss the fact that this is a thoroughfare with the developer, who can then throw their weight behind and orange kloof route in order for their plans not to be halted/shut down?

 

I'm just trying to suggest that there are other ways to get similar (if not better) results.

Would be great, but it is SanParks...case closed.

[Bicyclegear]

There is a pipeline servitude, but on the survey diagrams there was also a temporary access servitude registered in 1999. Now when this expires or if it was transferred with new owners etc is all questionable. One would need to get hold of the deed K122/2001

 

Pipe servitude diagram number: 2553/1989

Temp access diagram number: 3857/1999

ERF diagram number: 153/1830

 

http://csg.dla.gov.za/esio/searchsgkey.jsp

Are the general public allowed to request a deed from a private piece of land?

[Jewbacca]

We walked from suikerbossie to orangekloof fence last week. apart from the 67 dog turds on the path (yes I counted) The fence is totally fubar. It's too much of a ballache to get a legal access so we'll just break the fence down so we can enjoy the nature. Namaste.

 

People are Erseholes.

Duane! I rode past you in Hout Bay yesterday!

 

Yeah, it's crazy how people just disregard things like a massive fence. But the 'gram needs feeding and #outsideisfree

[Duane_Bosch]

Duane! I rode past you in Hout Bay yesterday!

 

Yeah, it's crazy how people just disregard things like a massive fence. But the 'gram needs feeding and #outsideisfree

Was I looking fit & athletic?

 

Dude. A proper big well constructed fence. Moertoe. Chip packets and dogshit EVERYWHERE!!! If you go hiking and you enjoy nature surely you aren't the type of person who chucks his niknaks packet and coke bottle in the bush????

 

Sorry for the hijack.

Edited April 14, 2021 by Duane_Bosch

[Jewbacca]

Was I looking fit & athletic?

 

Dude. A proper big well constructed fence. Moertoe. Chip packets and dogshit EVERYWHERE!!! If you go hiking and you enjoy nature surely you aren't the type of person who chucks his niknaks packet and coke bottle in the bush????

 

Sorry for the hijack.

You were looking majestic AF!

 

The guy in front of you in the white aero shirt was put to shame by your majesty!

 

I am always astounded as to what I find up the mountain. Devils peak, a pretty difficult place to get to and from, littered with yoghurt containers, niknak packets etc.... I have even found Jive bottle up ledges way.

 

Humans. eish

[Duane_Bosch]

You were looking majestic AF!

 

 

 

Ok then it wasn't me. I ran (more sort of a shuffle/limp) yesterday

[my_intense]

There may be a case to be made for common law public access rights, similiar to the right to traverse Ruyteplaats along the old historic Baines path. The developer had to put gates in and allow the public to continue using the road.

 

We need a lawyer cyclist willing to take this on pro bono (or on risk if it's a strong case) backed I guess by a big petition for what it's worth.

 

The guys who ran the zip lines got closed down by court order, loosing the case with costs...ouch. 

Edited April 14, 2021 by my_intense