The pipetrack above Hout Bay is closed!

[Shebeen]

Does anyone know the of the developer?

i did some digging on city website and cipc for publicly available details

 

did NOT think this would end up in the northern free state

 

edit:

actual names removed by request, but publicly available here:

 

http://web1.capetown.gov.za/web1/gv2018/SearchProperty

https://eservices.cipc.co.za/NameSearch.aspx

Edited April 16, 2021 by Shebeen

[Bicyclegear]

i did some digging on city website and cipc for publicly available details

 

did NOT think this would end up in the northern free state

 

 

 

erf1378.png

Would you mind if I remove the name of the developer? I think before we name and shame lets try open a conversation.

[dirtypot]

I see Ruyterplaats Estate has been mentioned a few times - are we allowed to cycle through there?  I've ended up at the (I guess) service entrance / emergency exit lower down a few times and thought about how nice it would be to be able to ride up to the main entrance, but didn't know it was possible.  

[tubed]

I see Ruyterplaats Estate has been mentioned a few times - are we allowed to cycle through there?  I've ended up at the (I guess) service entrance / emergency exit lower down a few times and thought about how nice it would be to be able to ride up to the main entrance, but didn't know it was possible.  

Yes, just buzz the security on the intercom located on side of the gate, they will open for you, the track is easy to follow and the guards at the exit gate will lift the boom for you as you exit at Suikerbossie.

So far everyone is lekker to the residents and security so keep up the 'smile and wave' and the historic Bains route and public right of access will remain.

 

Welcome to not having to do Suikerbossie again.

[Shebeen]

Would you mind if I remove the name of the developer? I think before we name and shame lets try open a conversation.

sure, have sent pm as I know who the one director is. they are not johnny come lately owners

[Shebeen]

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. 

by zip line i assumed you meant acrobranch.

 

but it was this?!! hectic!!

 

[Bicyclegear]

Yes, just buzz the security on the intercom located on side of the gate, they will open for you, the track is easy to follow and the guards at the exit gate will lift the boom for you as you exit at Suikerbossie.

So far everyone is lekker to the residents and security so keep up the 'smile and wave' and the historic Bains route and public right of access will remain.

 

Welcome to not having to do Suikerbossie again.

lol

[my_intense]

Not good news peeps. See response from local councillor - I read "sorry, did my best, but no go"

 

From: Cllr Roberto Quintas (DA) <Roberto.Quintas@capetown.gov.za>
Sent: Friday, 16 April 2021 13:24
Subject: RE: Hout Bay pipetrack - Bokkemanskloof to Constantia

 

Hi

 

Upon investigation so far, it appears that this is private land with a servitude in place, and which the City of Cape Town has an agreement to access on terms of our services (fire, water, roads etc). I am sure I will be able to negotiate that CCP, NHW, ADT, Deep Blue etc can do the same if and when they need to pursue suspects.

 

The landowner has had to remove four shacks from that area recently, and as such has closed it off to prevent public access to their private land and the potential for vagrancy, crime and land invasion.

 

They will have a very difficult time taking down any structure that have been built and occupied as the Courts will not hear Eviction matters until Lockdown is lifted.

 

We will continue to engage them on this matter, however they will find it difficult to allow hikers and bikers today, and then not allow a different type of walker tomorrow without seeming discriminatory.

 

Cllr Roberto Quintas

Ward 74 Hout Bay & Llandudno

Environment & Spatial Planning Committee

[PappaWatTrap]

Not good news peeps. See response from local councillor - I read "sorry, did my best, but no go"

 

From: Cllr Roberto Quintas (DA) <Roberto.Quintas@capetown.gov.za>

Sent: Friday, 16 April 2021 13:24

Subject: RE: Hout Bay pipetrack - Bokkemanskloof to Constantia

 

Hi

 

Upon investigation so far, it appears that this is private land with a servitude in place, and which the City of Cape Town has an agreement to access on terms of our services (fire, water, roads etc). I am sure I will be able to negotiate that CCP, NHW, ADT, Deep Blue etc can do the same if and when they need to pursue suspects.

 

The landowner has had to remove four shacks from that area recently, and as such has closed it off to prevent public access to their private land and the potential for vagrancy, crime and land invasion.

 

They will have a very difficult time taking down any structure that have been built and occupied as the Courts will not hear Eviction matters until Lockdown is lifted.

 

We will continue to engage them on this matter, however they will find it difficult to allow hikers and bikers today, and then not allow a different type of walker tomorrow without seeming discriminatory.

 

Cllr Roberto Quintas

Ward 74 Hout Bay & Llandudno

Environment & Spatial Planning Committee

Deksels

[tubed]

I can understand a servitude for traversing a property in respect of services, ie you can use a property for other purposes if it has bulk water, sewage etc running underneath it. So in that instance you could put a park or walkway over the top of it. But for a road it seems like it's a much higher level of exclusive use required, ie a main road such as the one which was envisaged would not be compatible with private use as well, hence the expropriation option. It may well be that the entire length of the proposed bypass road was not expropriated hence the owners exerting a right to fence it off. I still think a property attorney should take a look at it. I am not unsympathetic to the challenges facing owners of vacant land, but something here doesn't add up to me and it would be nice to know what the title deeds say.

[ChrisF]

The City is fighting a loosing battle against vagrants and land invasion ....

 

Understandable they will support owners in keeping property safe.

 

Servitude access resolves all the potential issues for council and emergency services.

 

 

Sucks for hikers and cyclists ...

 

 

Fighting the owner and council is unlikely to be succesful though, noting the changing thought patterns around property protection.

 

 

Co- operation with the owners and club type setup may well be the way forward .... day fee or annual card. Some level of safety for the hikers and cyclists. Feet on the ground that can give early feedback of issues on the private land.

 

 

Do hope an answer is found which benefits one and all

[my_intense]

Option 1. is to engage the owner and beg his/their indulgence. Considering he's ignoring phone calls and Whatsapp messages, I have my doubts here. But if option 2. gets traction he may reconsider.

 

Option 2.

 

We need affidavits from residents that have used the access over the pipe track to Constantia Neck for over 30 years. In that way we can prove rights of access and a servitude via prescription which requires the usage was openly done and uninterrupted use. I am a property attorney at C & A Friedlander and am prepared to assist. Kind regards Carol

carolw@caf.co.za

 

Note an affidavit not an email. This involves printing out a formal statement in a proper format that identifies you, clearly states the substantive facts that you are prepared to attest to under oath (NB! lying under oath is a criminal offense) and signing that in the presdence of a witness and a commisisoner of oaths (eg. policeman, post office, bank or any lawyer etc.) Google is your friend. 

 

You should clearly state how it came that how have used this access route for more than 30 years, that you've never been challenged of informed by signage that you're actually on private property. 

 

The more such affidavits we receive, the better chance we have obviously.

Edited April 17, 2021 by my_intense

[BeeRad]

I often use Ruyteplaats Estate as a sneak through to or from Suikerbossie - seems to work with the security in place - win win !

[Bicyclegear]

@BeeRadagreed, it would be an amazing gesture by the Silvermist landowners. There is legacy of usage associated with the pipetrack. Cyclist, Runners and Walkers should not be responsible for the estates security.

[guidodg]

What about the road reserve going through there?

Seems like they are going to develop a security estate there judging by all the new paving they have laid down...