Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)10. Restriction of access to land through fence etc., along certain roads |
| (1) | When ingress to or exit from a building restriction road outside an urban area and outside a township, is barred by a lawfully constructed fence, wall, hedge, trench, ditch or similar obstacle along or near the edge of the road, no person shall be entitled to gain access to or exit from any land through, under or over that fence, wall, hedge, trench, ditch or other obstacle by means of a gate, bridge, stile or other passage, unless the controlling authority concerned has authorized in writing the construction of the gate, bridge, stile or other passage in question: Provided that the preceding provisions of this section shall not apply in connection with any lawfully constructed gate, bridge, stile or other passage which was in existence and in use on the first day of June, 1939, and which was at no time thereafter closed or removed; and provided further that a controlling authority shall not withhold its authorization for the construction of any such gate, bridge, stile or other passage as aforesaid, which is necessary to give access to or exit from a piece of land to which or from which no other reasonable access or exit is available or can be made available at reasonable expense if such access or exit is in the opinion of the owner of the land concerned necessary for bona fide farming purposes, or if— |
[Words preceding section 10(1)(a) substituted by section 5 of Act No. 16 of 1962)
| (a) | a land surveyor surveyed the said piece of land and lodged a diagram thereof with the Surveyor-General concerned before the first day of June, 1939, or before the date of erection of the fence, wall, hedge, trench, ditch or other obstacle in question; and |
| (b) | before the said date, a person other than the owner of any land of which the first-mentioned piece of land may have formed a portion at the time when the said survey and diagram were made, acquired, or entered into an agreement to acquire the ownership of that piece of land or hired that piece of land on a registered lease for a period of not less than ten years. |
| (2) | In granting the authorization mentioned in subsection (1) the controlling authority may prescribe the nature of the gate, bridge, stile or other passage in question and the place where and the manner in which it shall be constructed and may impose such other conditions in connection therewith or with its use, as the controlling authority may deem necessary, and if any requirement prescribed or condition imposed in such authorization is not observed, the controlling authority may withdraw its authorization. |