In 1968, Thembeka

left her property on the outskirts of Paardeberg to her son, Xavier, with a restriction

that only two dwellings may be built on the property. This restriction was

registered against the title deed of the property when it was transferred to

Xavier. In 2023, a developer approached Xavier and proposed building at least

30 townhouses on the property valued at R60 000 000. In terms of the Immovable

Property (Removal or Modification of Restrictions) Act 94 of 1965, Xavier can

approach the High Court to remove the restriction imposed by the testator on

the property. If the court grants the order, it will have to …