When you have to deal with a difficult neighbour or disturbance (Freehold)

While most neighbours are pleasant and law abiding, there are instances when you have to deal with unpleasant neighbours or situations.

The law is clear that everybody is entitled to enjoy the ordinary comfort and convenience of their home and that you must live and occupy property within the ambit of local by-laws and broader property laws and rights. If this is not the case, then you may have to take action to protect your rights.

The first step is always to get to know your neighbours. It is much harder to annoy neighbours when you know them and easier to resolve issues. Neighbourhood and community organisations promote good-neighbourliness and are often a first port of call in the event of a serious problem. Forming part of such a group also helps when there are issues which affect the whole community.

Unfortunately, there may be times when you are faced with neighbours or situations which call for more formal action. Neighbour Law in South Africa is extremely broad due to the scope of the disputes that can occur and in serious instances, your best option is to seek legal advice.

Before that becomes necessary, you should first try and resolve the issue with the neighbour. If that does not help, consult your local municipal by-laws and mechanisms. City of Cape Town (www.capetown.gov.za) provides information and guidelines on dealing with various issues including "noise pollution" which is often the most common complaints with neighbours.

Party noise is one common issue. It is generally tolerated until 10pm on a Friday and/or Saturday, but beyond that, you could contact your Law Enforcement (contact details on the COCT website). Lay a case if it is a repetitive situation or consult with your lawyer for more serious legal action.

Dogs barking incessantly is another common issue within the ambit of "noise nuisance" which is usually enduring and disturbing. This type of noise is illegal at all times and enforceable at any time. Again, visit the COCT website for information about how to deal with this.

Boundary walls and encroachment is another common issue. Neighbours are joint owners of the boundary wall or fence between their properties and jointly responsible for maintenance and repairs. Changes can only be done with the consent of the other. Encroaching branches, tree trunks or roots causing structural damage are the responsibility of the neighbour where the tree stands. Although entitled to cut branches encroaching into your property, it is advisable to first seek legal advice before taking any drastic action.

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