South Africa Case Law

Mondoclox (PTY) Ltd v Branch and Another (3581/2021)

Mondoclox (PTY) Ltd v Branch and Another (3581/2021) [2022] ZAECMKHC 118 (15 December 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3581/2021

Judge

Bloem

The court found that the outbuilding on the first respondent's property was erected over the building line without the written consent of the previous owner and without proper municipal approval for such encroachment. The respondent failed to provide credible evidence of consent or approval. The applicant's claim was not prescribed, as the relief sought did not constitute a 'debt' under the Prescription Act. The applicant's director was duly authorised to institute proceedings. The court held that the appropriate remedy was a partial demolition order, subject to the outcome of an engineering…

Source excerpt

• Building Line Encroachment
• National Building Regulations
• Municipal Land Use Scheme
• Prescription Act Application
• Authority To Institute Proceedings

Van Rensburg NO and Another v Equus Training and Consulting CC and Another (3649/06 & 1440/07)

Van Rensburg NO and Another v Equus Training and Consulting CC and Another (3649/06 & 1440/07) [2009] ZAECPEHC 50 (25 September 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3649/06 & 1440/07

Judge

Froneman

The court enforced restrictive title conditions, granting an interdict and demolition orders against unlawful building and encroachment on erf 102, Summerstrand.

• Restrictive Title Conditions
• Building Line Encroachment
• Demolition Order
• Interdict
• Removal Of Restrictive Conditions Act
• Restrictive-title-conditions