NEIGHBOUR LAW & DISPUTES
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Neighbour Law covers these areas:
- Living together as neighbours
- Mutual boundaries, party walls and fences
- Lateral support
- Encroachment
- Natural flow of water
- Nuisance (barking dogs, loud music, arguing and shouting, banging doors or drilling)
- Dangers and threats posed by neighbours
- Neighbour disputes about building
At Bregman Moodley Attorneys Inc, we can help you deal with noisy neighbours and other neighbour law disputes. We can also act as mediators to help the unhappy neighbours find common ground, and so avoid further acrimony and, perhaps, litigation.
Our law states that a property owner is entitled to the free use and enjoyment of his property, provided that in doing so, he does not infringe on the rights of his neighbour. The guiding principle is one of “give and take” and “live and let live”.
Your remedies range from:
- Approaching your neighbour, over a cup of tea, and tactfully telling him of the problem, and finding a mutual solution;
- If that fails, appointing a mediator to resolve the dispute (and avoiding litigation at all costs);
- Approaching the authorities;
- As a last resort, approaching an attorney. Our courts will come to the rescue of an aggrieved neighbour if it is satisfied that the nuisance complained of goes beyond the bounds of reasonableness.
ARTICLES
University of Pretoria v Roger and Others: Exploring Municipality Land Use Rights, and Noise Nuisance
Introduction: In the case of University of Pretoria v Roger and Others, the University of Pretoria (“the University”) initiated legal proceedings to address the noise
Noise nuisance and religion
When does the Islamic ‘Call to Prayer’ constitute a noise nuisance? The SCA in Madrasah Taleemuddeen Islamic Institute v Ellaurie [2022] ZASCA 160 at [11]-[19] heard
Is your property constantly being pelted by golf balls?
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