Answer grounded in published legislation
Your question
Aan wie behoort die pad reserwe waar hy deur plase loop
’n Geproklameerde pad, met inbegrip van die padreserwe se volle breedte, behoort aan die Staat, tensy dit binne ’n plaaslike owerheidsgebied vestig. Die padreserwe sluit die padoppervlak en die padkante in. 12
Dat die pad oor ’n plaas loop, maak die Staat nie noodwendig die okkupeerder of huurder van die onderliggende grond nie, en proklamasie raak nie vanself bestaande serwitute, regte van weg of mineraalregte nie. Die grondeienaar kan in bepaalde gevalle vergoeding vir grond wat deur die padreserwe gedek word, ontvang. 14
Verified sources
Where this answer comes from
Roads Act 4 of 2025
(1) The ownership and custodianship of every road in Namibia vests in the State except for a road which vests in the local authority area. (2) Except as otherwise provided for by this Act, the proclamation of a road on land for the purpose of the construction of a road does not - (a) impose any liability on the owner of the road that the owner would not have if that owner was merely a person having the care, control and management (custodian) of the road; [The verb “was” should be the subjunctive verb form “were”.] (b) affect the rights or liabilities of any person under any servitude or right of way; (c) affect any rights or liabilities of any person, including the State, with respect to mi...
Roads Ordinance 17 of 1972
“road reserve” means the full width of a proclaimed road, including the roadside and the roadway;
Roads Ordinance 17 of 1972~
“road reserve” means the full width of a proclaimed road, including the roadside and the roadway;
Roads Act 4 of 2025
or (b) across a commercial farm of 50 hectares or smaller, the owner of the land across which that road has been proclaimed or reopened, over and above any damages to which he or she is entitled in terms of that subsection, is entitled to compensation for the land covered by that road. (6) Despite subsection (1), if the width of the road reserve of a road has been increased in terms of section 18(6), the owner of the land on which that road has been increased, over and above any damages to which he or she is entitled to in terms of that subsection, is entitled to compensation for the land covered by such an increase of the width of the road reserve. (7) If during the course of the constructi...
Roads Ordinance 17 of 1972~
“minor road” means a road - (a) which is not a proclaimed road; and (b) which links two or more proclaimed roads with each other or which crosses the boundary or boundaries of two or more farms; and (c) to which the public has rightf ul access; “occupier’’ means, in respect of land, a person who resides on such land with the permission of the owner or lessee thereof and who controls or apparently controls such land;
Roads Ordinance 17 of 1972
“minor road” means a road - (a) which is not a proclaimed road; and (b) which links two or more proclaimed roads with each other or which crosses the boundary or boundaries of two or more farms; and (c) to which the public has rightful access; “occupier’’ means, in respect of land, a person who resides on such land with the permission of the owner or lessee thereof and who controls or apparently controls such land;