Thalayasingham and Others v. Nagaratnam and Another – 1978_79 volume 2 page 387

In Thalayasingham and Others v. Nagaratnam and Another, the court addressed whether the rural servitude of aquae ductus under Roman-Dutch Law—the right to lead water over another’s property—includes the right to draw water through a pipeline. The court held that the servitude does encompass the right to use a pipeline for drawing water, provided this use does not prejudice the servient property. This holding reaffirmed the principle that servitudes of this kind are to be interpreted in accordance with their functional purpose under Roman-Dutch Law, supported by authoritative legal texts such as Hall and Kellaway on servitudes. The appeal was dismissed with costs, and the injunction against obstructing the water course was upheld, thereby clarifying the scope of waterway servitudes.

SOZA J