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South Africa decisions
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Badenhorst N.O and Others v Adowa Infrastructure Managers (RF) (Pty) Ltd and Others (16888/2024) [2025] ZAWCHC 273 (30 June 2025)
The High Court held that the Tamric Trust acquired a 20m² encroachment area by acquisitive prescription after open, exclusive possession for over 30 years.
Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)
The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a dire…
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Maifadi v Dos Anjos Pedro (2020/27885) [2024] ZAGPJHC 1102 (31 October 2024)
The High Court refused leave to appeal after finding no reasonable prospect of success in a property sale dispute involving alleged encroachment and misrepresentation.
Pillay and Another v Moonsamy and Another (D6707/21) [2024] ZAKZDHC 35 (5 June 2024)
The court found that the respondents' roof structure encroaches onto the applicants' property by 78cm, as confirmed by the applicants' land surveyor and not meaningfully disputed by the respondents. The respondents' denial was unsupported by countervailing measurements or substantive evidence. The historical nature of the structure and its approval by municipal plans do not absolve the current owners of liability for the encroachment. South African law protects property rights and provides that the registered owner is responsible for correcting encroachments. The court determined that no bona…
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Burglar Alarm & Remote Control Services CC v Brits (8917/2019) [2024] ZAWCHC 32 (7 February 2024)
The court held that a fence marked the boundary for more than 30 years and declared the plaintiff owner of the disputed strip by acquisitive prescription.
Chop Chop Connections (Pty) Ltd v Walker and Others (2200/2022) [2024] ZAFSHC 33 (1 February 2024)
The High Court dismissed a sectional title encroachment application after finding the applicant lacked locus standi for non-compliance with section 9 of the Act.
Glover v Chelemu and Another (1352/2022) [2024] ZAGPJHC 43 (24 January 2024)
The High Court dismissed an application to register a servitude of right of way over an encroached portion of land, and also dismissed the counter-application.
Polokwane Municipality v Double Four Properties and Another ; Broadlands Home Owners Association NPC v Double Four Properties and Another (879/2022; 913/2022) [2023] ZASCA 158 (23 November 2023)
The SCA dismissed two special leave applications, holding that the high court’s sewer and encroachment orders were interim or interlocutory and not appealable.
Thulo v Madolo and Another (697/2023) [2023] ZAFSHC 426 (31 October 2023)
High Court costs ruling on removal of an encroaching fence: respondents must pay removal costs, while each side bears its own litigation costs.
Mark Evan Investments CC v Groenveld and Another (11747/2017) [2023] ZAKZDHC 74 (15 June 2023)
The High Court held that the first defendant failed to prove acquisitive prescription of a panhandle and ordered removal of encroaching structures.
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