Demolish or go to jail: Property developer in the doghouse

Demolish or go to jail: Property developer in the doghouse

An extract from judgment in EThekwini Municipality v Bhardwaj (3135/2015) [2015] ZAKZDHC 80, which is available here: SAFLII “….. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted by the [developer] and to continue with the construction of buildings and structures in circumstances where the authority therefor has not been obtained from the relevant municipality” 30 days – that’s how long a property developer will spend in the local lock-up unless he demolishes illegal building works. A deviation from plans ….. A property developer obtained municipal approval to…
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Boundary Wars: What To Do With An Encroaching Neighbour

“Good fences make good neighbours” (wise old proverb) You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it? No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment.  But if instead you come to blows and end up in court, what will the outcome be?  Regrettably, as a recent Supreme Court of Appeal (SCA) case shows, there is no easy answer to that question, hence the…
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