Legal dispute over encroaching boundary wall in Bedfordview estate

A BOUNDARY wall which was built more than 22 years ago, which was erected on the incorrect boundary line, resulting in a portion of one neighbour's property being encroached upon, now became the subject of a legal tussle between the neighbours.

- ZELDA VENTER

The longstanding neighbour dispute concerning two adjoining residential properties landed in the Gauteng High Court, Johannesburg. The neighbour whose property is being encroached upon, the trustees of the Red Cherry Trust, wants the offending wall to be demolished.

The encroaching neighbour, Natalie Maroun (the applicant), has since offered the trust compensation, which it did not accept. Maroun does not want the wall to be demolished and turned to court where she proposes either an encroachment servitude or transfer of the encroached area with compensation paid to the trust.

Both properties are situated within the Palazzo Da Vita Estate in Bedfordview, and the two properties share a common boundary wall. The applicant bought her property in 2002, and the trust became the owner of the adjacent property a year later.