Pavilion row

A century-old title deed restriction on the public open space on the Sea Point beachfront could ultimately save the land from all future development. Sea Point residents are ready to use the deed restriction in a court action to scupper controversial plans to build a hotel, and shopping and recreational centre on the Sea Point pavilion site.

Erf 153, from Granger Bay to the Pavilion site, was granted to the city of Cape Town subject to the following restriction: "That no building or other structure of whatsoever nature or kind shall be erected on the land hereby transferred." The dispute however has moved into the genre of crime fiction with the discovery that the page with the development restriction has been torn out of the Title Deed at the Deeds Office, while the original of the deed which city officials had, has also disappeared.

Des White of the Sea Point Ratepayer's Association has warned that unless the province "reaches an agreement that the servitude did and does in fact exist, I will have no alternative but to approach the High Court for a declaratory Order to insert this restriction in an order to the Deeds Office".

Article on Independent Online