It is a common saying, especially in the United States, that good fences make for good neighbours. This is still true in South Africa, even though our idea of community differs to that of the Americans. The truth is that different people grew up with different ideas and means of living. This has shaped the… Continue Reading
Disputes surrounding boundary walls in residential and commercial areas are one of the most controversial topics facing homeowners. These relate to the location of the boundary between the two properties, or when trees or plants encroach on or overhang the other property, or when the wall (or work done on it) causes a nuisance or… Continue Reading
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
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
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
Transgression of the stipulations of the Noise Control Regulations of Gauteng is a criminal offence and the accused can be fined up to R20 000 or imprisoned for up to 2 years, or both, if found guilty or admits guilt, and will result in having a criminal record. Information with regard to a noise nuisance… Continue Reading
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
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
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
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
