Neighbour disputes over boundary walls and falling leaves

“THE importance of boundaries can be summed up in the words of Robert Frost: ‘Good fences make good neighbours’ - with the opposite being just as true”

- ZELDA VENTER

This is according to Cor van Deventer, director at law firm VDM Incorporated, who shared some advice on how to avoid litigation in neighbour disputes.

“As urban living intensifies and properties shrink, neighbours must expect certain inconveniences. Still, South African law recognises that no property owner should be deprived of the reasonable enjoyment of their land because of another's trees.”

He explained that neighbour law balances two competing principles: every owner's right to enjoy their property without interference, and their neighbour’s equal right to health, comfort, and wellbeing on their own land.

Accordingly, owners have to ensure that overhanging branches, encroaching roots, or falling leaves don’t create an unreasonable nuisance to the adjoining property.