The right to lateral support

If a landowner causes damage to the land and buildings of his neighbour through excavations on her property, does the neighbour have a right to claim damages? Our law provides that landowners may use and enjoy their property in a manner that does not cause harm to or unreasonably interfere with the neighbouring landowner’s right… Continue Reading

Noise – Know Your Rights As A Neighbour

Shakespeare said in The Tempest (2:2), “Misery acquaints a man with strange bedfellows.” When we live side by side in high density complexes it’s inevitable that you will encounter neighbours that are unpleasant and make your life miserable by barking dogs, loud music, arguing and shouting, swearing, banging doors or drilling. South African law distinguishes… Continue Reading

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

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