Councillor Rugheimer urges residents to work together
REMBRANDT PARK – This was a domino effect caused by the top neighbour closing the water outlet which affected four properties.
Ward 81 councillor Irene Rugheimer urges residents to work together and avoid unpleasant situations that might end good relations between neighbours.
In her recent efforts to bolster healthy relations, the councillor has pleaded with residents to consider one another’s plight during rainy days.
According to the councillor, there have been issues where residents have quarrelled due to flow of water from the rain because others have blocked water from running through their yards resulting in chaos.
Referring to the latest incident in Rembrandt Park on King Edward Road where one resident’s wall fell over due to heavy water not being able to flow through, she defined it as a cumulative effect.
She said during the rainy season, many residents get upset with their neighbours who close up holes in their walls and fences preventing water to pass from one property to another adding that this results in flooding of properties.
“This was a domino effect caused by the top neighbour closing the water outlet which affected four properties, said Rugheimer and further stating the current City of Johannesburg’s by-law on this particular matter.
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“In the new Consolidated Town Planning Scheme Point 2 states: Where, in the opinion of the Council, it is impracticable for stormwater to be drained from higher-lying erven direct to a road, the owner of the lower-lying erf shall be obliged to accept and/or permit the passage over the erf of such stormwater: Provided that the owners of any higher-lying erven, the stormwater from which is discharged over any lower-lying erf, shall be liable to pay a proportionate share of the cost of any pipeline or drain which the owner of such lower-lying erf may find necessary to lay or construct for the purpose of conducting the water so discharged over the erf.”
Residents need to also be made aware of the common law in this regard, advised Rugheimer.
According to the councillor, the current precedents relating to storm water disputes between neighbours can be found in the matter of Pappalardo v Hau (2010) ALLSA 338 (SCA) which addressed the rights and obligations of neighbouring owners in an urban environment and whether a lower-lying owner is obliged to accept rainwater flowing onto his property from a higher-lying neighbour.
In this case, Rugheimer said the court held that plain common sense should play a role.
She said, “Also important is the regulations of town planning which would also apply regarding its directions related to stormwater and the management thereof.”
She said the dispute between neighbours is best resolved by an agreement between neighbours to work together in making their place of abode pleasant and friendly.
Details: Ward 81 councillor Irene Rugheimer 072 409 6594.
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