By Dean Brainin With over 500 golf courses across South Africa, living on or within close range to a golf course has become relatively normal, with new golf courses and developments showing up each year. The difficulty with living on or near a golf course, one has to tolerate the occasional breaking of a window. However,… Continue Reading
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
Neighbours Encroaching Trees-What The Law Says – Roy Breggman
http://www.capetalk.co.za/podcasts/144/the-john-maytham-show/218792/neighbours-encroaching-trees-what-the-law-says-roy-breggman Continue Reading
Does A Good Fence Make for A Good Neighbour?
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
Boundary Walls – problems with your neighbour?
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
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
Information and procedure with regard to Noise Nuisance Complaints
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
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