Aristonas (Pty) Ltd v Veltman (11104/2022)
Aristonas (Pty) Ltd v Veltman (11104/2022) [2022] ZAWCHC 232 (23 August 2022)
The applicant established a clear right as owner of the fence and part of the property, and the respondent's threat to remove the fence constituted a reasonably apprehended injury. The applicant had no adequate alternative remedy, as negotiations failed and the respondent refused to provide an undertaking not to remove the fence. The court found that the respondent was not entitled to take the law into his own hands and must seek judicial relief for any alleged encroachment. The requirements for a final interdict were satisfied. The court also held that it was entitled to reconsider and amend…
Source excerpt
- Servitude Encroachment
- Interim Interdict
- Final Interdict
- Self Help Prohibition