Petropulos and Another v Dias (1055/2018) [2020] ZASCA 53; [2020] 3 All SA 358 (SCA); 2020 (5) SA 63 (SCA) (21 May 2020)

Petropulos and Another v Dias (1055/2018) [2020] ZASCA 53; [2020] 3 All SA 358 (SCA); 2020 (5) SA 63 (SCA) (21 May 2020)

The Supreme Court of Appeal held that the duty of lateral support between contiguous properties in South African law extends to both land and buildings, rejecting the English law restriction to land in its natural state. The court found that the excavation works on the first appellant's property breached this duty, causing the slope to mobilise and resulting in substantial damage to the respondent's property. The court accepted the evidence of the respondent's expert, which established a direct causal link between the excavation and the damage. Liability for deprivation of lateral support is strict and does not require proof of fault. The exception for 'unreasonably loaded' land was...

Citation
[2020] ZASCA 53
Parties
Appellant: Marina Petropulos; Appellant: Nik Moroff & Associates CC; Respondent: Artur Fernando Perreira Dias
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 May 2020
Case Number
1055/2018
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal dismissed with costs, such costs to be paid by the appellants jointly and severally, the one paying the other to be absolved.
Judges
Ponnan, Saldulker, Van Der Merwe, Makgoka, Mokgohloa
Legal Topics
Lateral Support, Strict Liability, Causation, Subsidence, Neighbour Law, Remoteness of Damage
Land and Property Delict Lateral Support Strict Liability Causation Subsidence Neighbour Law Remoteness of Damage

Case Brief

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Parties

Marina Petropulos

Appellant

Nik Moroff & Associates CC

Appellant

Artur Fernando Perreira Dias

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the duty of lateral support between contiguous properties extends to buildings as well as land in its natural state.
  2. 2 Whether the excavations on the first appellant's property breached the duty of lateral support owed to the respondent.
  3. 3 Whether causation between the excavation and the damage to the respondent's property was established.

Ratio Decidendi

The Supreme Court of Appeal held that the duty of lateral support between contiguous properties in South African law extends to both land and buildings, rejecting the English law restriction to land in its natural state. The court found that the excavation works on the first appellant's property breached this duty, causing the slope to mobilise and resulting in substantial damage to the respondent's property. The court accepted the evidence of the respondent's expert, which established a direct causal link between the excavation and the damage. Liability for deprivation of lateral support is strict and does not require proof of fault. The exception for 'unreasonably loaded' land was...

Court Disposition

Appeal dismissed with costs, such costs to be paid by the appellants jointly and severally, the one paying the other to be absolved.

Orders

  • The appeal is dismissed with costs, such costs to be paid by the appellants jointly and severally, the one paying the other to be absolved.
  • This judgment finally disposes of all disputes between the parties as far as liability is concerned.