Pillay and Another v Moonsamy and Another (D6707/21)
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…
Source excerpt
- Encroachment
- Mandatory Interdict
- Property Boundaries
- Removal Of Structure