South Africa Case Law

N.C.M v Trustees for the time being of the Red Cherry Trust and Others (2024-003605)

N.C.M v Trustees for the time being of the Red Cherry Trust and Others (2024-003605) [2025] ZAGPJHC 662 (2 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024-003605

Judge

Aucamp

The High Court allowed transfer of an encroached strip of land for fair value, finding demolition disproportionate after a 22-year delay and limited prejudice.

• Boundary Encroachment
• Registration Of Servitude
• Compensation For Encroachment
• Neighbour Law
• Removal Of Unlawful Structure
• Boundary-encroachment

Chundhur v Rampersad (D7934/2020)

Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7934/2020

Judge

Henriques

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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• Encroachment
• Neighbour Law
• Compensation For Encroachment
• Joinder
• Lis Pendens
• Sectional Title Schemes

Sunset Ridge Estate Home-Owners Association v Van Deventer and Others (035234/2022)

Sunset Ridge Estate Home-Owners Association v Van Deventer and Others (035234/2022) [2024] ZAGPPHC 220 (5 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

035234/2022

Judge

K J Mogale

A homeowners association failed to obtain declarations that occupiers were unlawful or to compel municipal services, but secured nuisance-remediation orders against the property trustees.

• Nuisance
• Default Judgment
• Locus Standi
• Declaratory Relief
• Municipal Services
• Neighbour Law

Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Others (44339/2020)

Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Others (44339/2020) [2021] ZAGPJHC 566 (30 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

44339/2020

Judge

Fisher

The High Court ordered demolition of an unlawful multi-dwelling structure built without approved plans or rezoning, and awarded costs against the respondent.

• Building Regulations
• Town Planning Scheme
• Restrictive Conditions Of Title
• Demolition Order
• Municipal Enforcement
• Neighbour Law

Gedult 240 Onderdeeling 5 Vaaldam Settlement CC and Others v MSW Estates CC and Others (4376/2020)

Gedult 240 Onderdeeling 5 Vaaldam Settlement CC and Others v MSW Estates CC and Others (4376/2020) [2020] ZAFSHC 265 (29 December 2020)

Court

Free State High Court, Bloemfontein

Case number

4376/2020

Judge

C Reinders

The court dismissed an urgent bid for an interim interdict to stop transfer and repurposing of nature reserve land, finding no prima facie right.

• Interim Interdict
• Prima Facie Right
• Balance Of Convenience
• Environmental Protection
• Nuisance
• Neighbour Law

Carstens v Squires and Another (4405/2019)

Carstens v Squires and Another (4405/2019) [2020] ZAWCHC 91 (24 August 2020)

Court

Western Cape High Court, Cape Town

Case number

4405/2019

Judge

Rogers

Neighbour dispute over a retaining wall, tree roots and branches ended in a consent order, with the court ordering each side to bear its own costs.

• Retaining Wall Dispute
• Neighbour Law
• Expert Evidence
• Costs Order
• Remedial Work
• Tree Root Encroachment

Petropulos and Another v Dias (1055/2018)

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

Court

Supreme Court of Appeal

Case number

1055/2018

Judges

Ponnan, Saldulker, Van Der Merwe, Makgoka, Mokgohloa

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…

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• Lateral Support
• Strict Liability
• Causation
• Subsidence
• Neighbour Law
• Remoteness Of Damage

Pietermaritzburg and District Council for the Care of the Aged (PADCA) v Redlands Development Projects (Pty) Ltd and Others (184/17)

Pietermaritzburg and District Council for the Care of the Aged (PADCA) v Redlands Development Projects (Pty) Ltd and Others (184/17) [2018] ZASCA 51; 2018 (4) SA 113 (SCA) (29 March 2018)

Court

Supreme Court of Appeal

Case number

184/17

Judges

Navsa JA, Wallis JA, Willis JA, Mathopo JA, Pillay AJA

The Supreme Court of Appeal dismissed PADCA’s interdict claim over stormwater runoff, holding the Redlands estate discharged water lawfully under approved municipal plans and servitudes.

• Actio Aquae Pluviae Arcendae
• Municipal Servitude
• Stormwater Disposal
• Neighbour Law
• Unlawful Discharge
• Building Regulations

Phillips v Bradbury and Another (15570/2013)

Phillips v Bradbury and Another (15570/2013) [2016] ZAWCHC 129 (10 October 2016)

Court

Western Cape High Court, Cape Town

Case number

15570/2013

Judge

Bozalek

The court found that the first respondent materially breached the agreement and registered title deed conditions by developing his property contrary to the agreed plans. However, the applicant was not entitled to specific performance in the form of demolition and reconstruction, as such relief would be unduly harsh, disproportionate to the prejudice suffered, and not justified by the evidence. The applicant had significant input into the revised plans and failed to act timeously, knowing of the deviations and the City's approvals. The applicant's delay in seeking review of the City's decision…

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• Specific Performance
• Title Deed Conditions
• Building Plan Approval
• Promotion Of Administrative Justice Act
• Delay In Review
• Neighbour Law

Trustees For The Time Being of the Dewel Trust v Schlosz (11050/2014)

Trustees For The Time Being of the Dewel Trust v Schlosz (11050/2014) [2014] ZAWCHC 128 (18 August 2014)

Court

Western Cape High Court, Cape Town

Case number

11050/2014

Judge

Davis

The High Court granted an interim interdict preventing further building above 9 metres, pending trial on an alleged oral agreement between neighbours.

• Interim Interdict
• Oral Contract
• Specific Performance
• Building Regulations
• Neighbour Law
• Interim-interdict