A servitude, whether it be personal or praedial, must be delivered to the holder in order to render it a real right. In conveyancing practice, this delivery takes place by way of registration in the deeds office.
Sections 65 – 76 of the Deeds Registries Act 47 of 1937 govern the registration process and any dealings with servitudes in the deeds office. The general rule is that a servitude must be created by way of a notarial deed and as such, a notary public must be involved in the creation of any servitudes.