Barking dogs driving you mad?

The sensible thing to do is to chat to your neighbour, over a cup of tea, and explain that the dog is preventing your baby from sleeping (or whatever) and ask him or her to do the neighbourly thing. One solution (if the neighbour works all day and the dog is bored or afraid) is… Continue Reading

What is the essence of common law nuisance?

It lies in the maxim sic utere tuo aliennum non laedas – which means use your own property in such a manner as not to injure that of another. In the case of Waterhouse Properties CC and others and Hyperception Properties 572 CC and others (OFS), Judge Rampai referred to the general principle which governs… Continue Reading

Noise Control Regulations

In terms of the Environment Conservation Act 73 of 1989 See the regulations These are the offences and possible fines: NOISE CONTROL REGULATIONS, IN TERMS OF THE ENVIRONMENT CONSERVATION ACT 73 OF 1989 OFFENCE CODE NUMBER OF SECTION DESCRIPTION OF OFFENCE FINE   8 Make, produce or cause a disturbing noise, or allow it to be… Continue Reading

Boundaries, Walls and Fences

Where your property rights end Source: Reader’s Digest’s You and Your Rights As a landowner, you are entitled to enjoy, use, consume, convert, alter, destroy or sell your property and what the land produces in any way you please within the limits of state and local authority regulations, provided you do not interfere with the legal… Continue Reading

Court ends high-voltage neighbours’ feud

It was a row over the fence between neighbours, but it became so bitter that after three years the Cape High Court had to step in to resolve it. Court ends high-voltage neighbours’ feud By Estelle Ellis © Independent Online 2004 It was a row over the fence between neighbours, but it became so bitter… Continue Reading

Dog bites from a different angle

Serious dog bites are common causes for Court disputes. Apart from intent to cause harm and obvious negligence, two principles are usually used by the defense in these cases, namely accountability without any negligence by the owner of the dog and whether the dog acted contrary to its nature. Dog bites from a different angle… Continue Reading

Fences between Properties

Whose responsibility is the fence? Source: Reader’s Digest’s You and Your Rights If there is no proof that a boundary (party) wall is entirely on one of two adjoining properties, the law will presume that half of the wall is on one property and half of it on the other. On the question of ownership, some… Continue Reading

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