Neighbours

01 Oct 2016

Lost Views and Rising Damp – Lessons for Home Buyers

Here’s the story of yet another bitter dispute between neighbours over the loss of a treasured view. The setting this time is a group housing development which was specifically designed to give each and every house views of both the sea-shore and of Table Mountain. The judgment in Gerstle and Others v City of Cape Town and Others (A484/2015) [2016] ZAWCHC 102 is available for further reading. Front row v Back row: A sad tale, and a warning Buying a property for its stunning views and sunny aspect is a great idea, but only if you do your homework properly. A…

29 Jul 2015

By Ashersons Attorneys

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…