Legal ways of handling disputes with neighbours
Do you perhaps have an issue with your neighbour? Here are some legal ways to handle it ...
Owning a property may have its perks, but there are also disadvantages. These include having neighbourly disputes, which according to the CEO of Remax Regional Director, Adrian Goslett, cannot be avoided.
Goslett said the most reassuring thing about such disputes is, “The law tends to be on the side of the reasonable neighbour who just wants to live in peace.”
He added that it is advisable to resolve disputes before involving authorities. He also said unfortunately some of the issues cannot be resolved no matter how diplomatic, polite and reasonable you might be when approaching the issue.
“In many cases, just one warning call or notice from a local police station is enough to set a neighbour straight. But, if they choose to ignore the warning, then you are allowed to request your local authority to issue them with a fine,” he said.
He said some of the legal grounds on which you may approach authorities to assist with neighbour disputes are as follows:
• Boundary issues: Legally, the boundary wall belongs to both neighbours. However, whatever falls to either side of it belongs to the neighbour who owns that property. If your neighbour builds a structure or plants a tree that encroaches onto your property, you are allowed to lay a formal complaint against him/ her. This does not, however, include things like shadows or buildings that block your view.
• Noise complaints: These fall under two categories: ‘Disturbing noise’ and ‘Noise nuisance’. The former refers to objectively loud noises. Things like late-night parties usually fall under this classification. The latter refers to subjective noises that disrupt the ongoing peace of an individual. The non-stop barking of a neighbour’s dog is a perfect example of things that fall under this category. Both of these categories are illegal behaviours and perpetrators can be fined or even arrested for continuing with these actions at any point during the day.
“As an absolute last resort, you may take the issue to your nearest court, where you can apply for an interdict to prevent your neighbour from continuing the offending behaviour. You may also sue your neighbour for damages that may have resulted from the offence. In these cases, however, you will be required to provide evidence that the matter is something that any reasonable person would find intolerable to live with and that it’s having a seriously negative effect on the enjoyment of your property.
“But, even with the legal recourse you are allowed, we would still recommend trying to resolve the issue face to face. Remember, you’re going to be living side-by-side for some time still,” Goslett added.
Do you perhaps have more information pertaining to this story? Email us at randfonteinherald@caxton.co.za (please remember to include your contact details in the email) or phone us on 011 693 3671.
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