What every homeowner should know about being a good neighbour
Category Property Tips
The Covid Pandemic has highlighted the importance of neighbours and communities. Good neighbourly relations add quality of life and value when selling since buyers want to know they are moving into a neighbourly area.
Being a good neighbour means enjoying the comfort and convenience of your home without interfering with your neighbours and vice versa. Neighbour disputes are common, often relating to things such as noise, parking and encroaching trees.
Good neighbour relations are the starting point to resolve issues, but failing that, you may need to resort to legal action. SA Neighbour Law is comprehensive due to the scope of disputes and works in conjunction with various laws and municipal bylaws.
Before acting though, it is important to know what is reasonably permissible. While freehold property owners need to handle matters themselves, sectional title complexes and estates usually regulate this in their Codes of Conduct, generally starting with a friendly neighbourly chat before escalating it to the management body or, as a last resort, going the legal route.
Some common issues between neighbours include:
What to do about persistent noise and late night parties? Reasonable noise such as gardening or building work is generally acceptable between 6am-6pm and party noise to about 10pm on Friday and Saturday. Incessant noise pollution such as barking dogs can be reported to the COCT for action. If a neighbour refuses to turn down late night party noise, you can report it to local law enforcement.
Who must maintain the boundary walls? The neighbour who pays for the wall usually owns it but would still need permission for changes. If jointly owned, the wall should be maintained by both and the costs shared. If the neighbour refuses to contribute financially, you can take legal action. This is usually not an issue in sectional title complexes or an estate since the outer boundary would be the responsibility of the management body.
Can I cut my neighbour's encroaching branches, or force them to remove a tree which is causing damage? Trees should not cause an overhang, nuisance or interference with your neighbour's property. If the neighbour refuses to cut branches, you can cut overhanging branches and claim the costs, take legal action as a last resort. A solid legal case will be needed if you want a tree removed due to serious structural damage.
Can my neighbour run a business from home? Working from home, especially in light of the Covid Pandemic, is usually not an issue provided there is no disturbance to neighbours. COCT permits small service businesses such as a bed and breakfast, hairdresser and the like within limits, running a business beyond this depends on the zoning and bylaws. Naturally, different rules apply to sectional title and estate property.
Can my neighbour object to my building works? Bylaws regulate when permission is needed but if the neighbour perceives an encroachment on building lines including a balcony which may for example be protruding, they can object. There is also a duty between neighbouring landowners to provide essential lateral support, important when excavating for building purposes and a matter recently settled by the Supreme Court of Appeal (SCA) (Petropulos & Another v Dias). You will need legal intervention for issues around building works and lateral support. Sectional title and estate property would have specific rules in this regard.
When the neighbour's visitors keep parking in front of my house? Whether in the street or on the pavement, this is a "no-no" without permission. Street parking is regulated by the National Road Traffic Act and if your neighbour refuses to respect your road area, report it to the traffic department. Parking is sometimes an issue in front of sectional title units or estate homes which is generally regulated by the respective rules of conduct.
It is important not to resort to action which may result in damage which could lead to legal complications. Rather seek legal advice. Visit https://www.capetown.gov.za for comprehensive information about COCT bylaws.
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Author: Gina Meintjes
