So. See FindLaw's Neighbors subsection for related articles. If branches encroach on the land of a neighbour and cause a nuisance the neighbour may request the owner to remove the branches and if the owner fails to remove them within a reasonable time after demand s/he may: “If you cultivate cordial relations with the people around you, you’ll probably be able to find equitable solutions by working together.”, Get the best of Private Property's latest news and advice delivered straight to your inbox each week. “If you don’t want to live with overhanging branches from your neighbour’s trees, you should begin by asking him or her to cut them away, and to remove the cuttings from your side of the fence,” he said. Buildings. SANS10400-Building Regulations South Africa SANS10400 are the Building regulations in South Africa, and both international and national standards, are fundamental to successful building and construction projects, both big and small. They were not intended to be prescriptive in terms of what people should build, but they do stipulate important … Advice should be sought. In that case you’d be within your rights to dispose of them, and to recover the reasonable costs of disposal from the neighbour. “Damage of the kind that Vogel was claiming can be prevented by normal maintenance - by cleaning the gutters on a regular basis, for example.”. But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property or roof? Love thy neighbor may be a theory we’ve all grown up with, but sometimes when spaces are small, boundaries are shared and neighbours are diverse, the ins and outs become rather a challenge. Following are some things to keep in mind regarding trees and neighbor disputes: Website by CeRDI ©Legal Services And can you even stop your neighbour from planting a tree? Property owner’s are often upset when a neighbor’s trees drop leaves, or fruit, or branches, or even limbs onto their property. NOISY NEIGHBOURS AND THE LAW OF NUISANCE. Structures referred to include any building, driveway, path, retaining wall, fence, trees or any other improvements. 32 of 2000), publishes the Waste Management By-laws for the City of Johannesburg Metropolitan Municipality, as approved by its Council, as set out hereunder.Chapter 1 They will not order the removal of overhanging branches for the shedding of leaves. South Africa’s National Building Regulations (NBR) were originally produced as a set of functional guidelines for anybody building any type of structure. The responsibilities of the tree owner and the rights of the a ected neighbour in these situations are mainly covered by the common law about liability for nuisance and negligence. And sometimes impossible. When views are blocked by new building plans, neighbours do have some rights. The disturbances can range from a variety of sources including barking dogs, loud music, arguing and shouting, banging doors or drilling. Often, residents of subdivisions and planned unit developments are subject to a detailed set of rules called covenants, conditions, and restrictions (CC&Rs). Ultimately though, said Cor, you can usually prevent a host of problems through good neighbourliness. It’s defined as noise that “disturbs or impairs or may disturb or impair the convenience or peace of any person”. It governs the relationship between the landlord and the tenant and applies to all written and verbal agreements made, effective August 1, 2000. The owner's responsibility in these situations depend on whether the tree was overhanging the boundary. Tania du Toit. “But this right is also restricted to a certain extent: if you can prove that your neighbour has planted a tree or built a building deliberately to cause a nuisance to you, you may be able to claim damages, or even obtain an interdict for the removal of the building or the trees.”. The neighbour cannot go onto the tree owner's land and cannot remove any part of the root or branch that is not on his or her property. It covers traditional areas of neighbour law, such as party walls and fences, lateral support, encroachment, interference with the natural flow of water, nuisance, and dangers caused by neighbours … Problems often arise when tree branches fall, causing damage. If you're a landowner, the law says you have the right to the ordinary use and enjoyment of your land. If a solution cannot be reached by negotiation and the problem cannot be ignored, legal action may be appropriate as a last resort. He cited the case of Vogel vs. Crewe and another (2003(4) SA 509(T) - unfortunately the ruling appears not to have been posted on line) in which Vogel believed that Crewe’s trees - which were growing within two metres of the boundary - were causing various problems on his (Vogel’s) property: the leaves were blocking his gutters and swimming pool, the trees were affecting his sewage system and damaging his parking area, and they were also damaging the concrete wall between the properties. If you're a landowner, the law says you have the right to the ordinary use and enjoyment of your land. The General Principle is that, if your trees are encroaching on the property of your neighbor, he may request you to saw them off to the extent that they encroach. TREES AND THE LAW 5 Generally speaking it is the tree owner who is liable for a nuisance situation. The neighbour cannot go onto the tree owner's land and cannot remove any part of the root or branch that is not on his or her property. We note that this is a general summary and overview of the approach taken by our courts, the … Many of us will have disagreements with the neighbours at some stage. Having a good relationship with your neighbours is important if you want a harmonious home life. If the intruding roots or branches have caused damage to the neighbour's property (for example, roots cracking pipes or branches damaging gutters or poisoning animals) the neighbour can ask the tree owner to pay the cost of repairs or compensation. If the tree or roots encroach you can ask the neighbour to remove the branches or the roots and if the request is denied or ignored, then the neighbour can … The law about neighbours' rights and responsibilities for trees is covered by the common law of nuisance. The branches and roots are technically the property of the tree owner and can be placed back over the fence, taking care not to cause any damage. Nor is there liability for leaves, needles, nuts or twigs which are blown into the neighbour’s property by the wind unless, perhaps, they were known to be highly toxic and attractive to animals or children. In Malherbe v Ceres Municipality 1951 (4) SA 510 A it was confirmed that should a neighbour’s tree branches overhang or the roots spread into your property and the owner refuses to … The Southern African Legal Information Institute publishes legal information for free public access which comprises mainly of case law from South Africa. Basically, said Cor van Deventer, a director at Greyvenstein’s Attorneys in Port Elizabeth, your property rights begin and end at the boundaries of your property - so you’d be well within the law if you cut the offending branches down. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. “When a case like that arises, the court will always apply a test of objective reasonableness - that is to say, it’ll look at the situation from the point of view of a third person (an objective party),” said Cor. NOISY NEIGHBOURS AND THE LAW OF NUISANCE. Trees and neighbours. All Rights Reserved. Depending on what law is used to justify the demolition, slightly different principles may apply. If damage occurs later, this will assist to establish that the tree owner was aware of the problem and failed to take reasonable and appropriate precautions. Ask Your Own South Africa Law Question. Here’s how you can be a better neighbour. Where the branch or root of a tree comes onto a neighbour's land, a nuisance situation exists. Article by listed attorney: Fawzia Khan Having to deal with noisy neighbours is a common complaint. A helpful approach to tree problems between neighbours is to ask these questions: 1. The law about neighbours' rights and responsibilities for trees is covered by the common law of nuisance. Where an overhanging tree or branch falls, the tree owner would be liable if the damage caused was reasonably foreseeable. Cor said though, that, just like you, your neighbour has a right to “the enjoyment of his or her own property,” which includes planting trees and erecting buildings (as long as they comply with the National Building Regulations and the by-laws of your local municipality) - even if they obstruct your view or block your sunlight. Recent changes in African landlord and tenant law. Construction Economics University of Pretoria +27(0)12 420 3781 Revised 30th August 2013 Unit C27, Block C, Lone Creek, Waterfall Park Bekker Road, Vorna Valley Ext 21 MIDRAND, 1686 P O Box 654 HALFWAY HOUSE The branches and roots are technically the property of the tree owner and can be placed back over the fence, taking care not to cause any damage. First of all South Africa has a lot of water problems and trees that are cut down take many many years to grow back to the size they were before they were cut down. Know your rights: Boundary walls As a property owner, you are entitled to enjoy, use, consume, convert, alter, destroy or sell your property and what the land produces in any way you please within the limits of state and local authority regulations, provided you do not interfere with the legal rights of others, including your neighbours' rights to the same enjoyment of their property. The Southern African Legal Information Institute publishes legal information for free public access which comprises mainly of case law from South Africa. If an owner plants trees near the border of his neighbour’s property the owner must ensure that the border is not affected by overhanging branches, fallen leaves or intruding roots. Although the presence of trees that cause a nuisance to a neighbour is not expressly prohibited, Section 1 (j) of The Public Health By-laws prohibits the presence of weeds, long grass and undergrowth which is likely, inter alia, to become a nuisance, and Section 1 (l) authorises the Council to treat as a public nuisance: This could in… Trees planted by current owner or tenant An owner of land who plants a tree which Such owner which cuts down the branches of his neighbour (the owner of the tree) must offer such branches to his neighbour and if the neighbour refuses to accept them, then the owner may keep the branches or dispose of them himself. For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor's scenic view. Related South Africa Law Questions The tree roots of a tree within my property, may have The tree roots of a tree within my property , may have damaged the wall of my neighbours boundary wall .The boundary wall is not shared by me , the wall in question is on a property which is diagonall … A neighbour who is aware that a tree near the boundary is in a dangerous condition, or belongs to a species which is known to ‘drop’ branches, should draw this to the tree owner’s attention in writing and keep a copy of the letter. Dealing with some sort of neighbour dispute is an unavoidable part of life for most people. See FindLaw's Neighbors and Trees section for related articles. But, absent some physical damage, California law does not provide any relief for the offended neighbor – unless they can prove the tree was improperly maintained. neighbours include overhanging branches, tree litter, shading and intruding roots. PROPERTY LAW IN SOUTH AFRICA Author Dr. Douw Boshoff Program Leader - Real Estate Dept. Lawyer: WCLawyer, Attorney replied 9 years ago. We explain your rights and responsibilities regarding trees. Cities and towns near the ocean, with views of the mountains, or that are otherwise known for exceptional views often have view ordinances. If an owner plants trees near the border of his neighbour’s property s/he must ensure that the border is not affected by overhanging branches, fallen leaves or intruding roots. Ask Your Own South Africa Law Question Customer reply replied 8 years ago The problem is that the trees are very large and I cannot trim them from within my property, I have consulted with the municipality and they told me that as long as the trees are not on municipal property, ie a servitude then thay have no control over them The meaning of a tree-keeper is central to the Neighbourhood Disputes Resolution Act 2011. If someone violates the restrictions, the homeowners' association may apply pressure (for example, removing the privilege of using a swimming pool) or even … 7 things that cause neighbourly disputes, and how to avoid them, How to resolve disputes with your neighbours. The approach we recommend is … But liability will usually depend on whether the tree owner was aware or should have been aware of the nuisance situation which created a risk of damage to the neighbour. The disturbances can range from a variety of sources including barking dogs, loud music, arguing and shouting, banging doors or drilling. However, your neighbours … SANS10400-Building Regulations South Africa SANS10400 are the Building regulations in South Africa, and both international and national standards, are fundamental to successful building and construction projects, both big and small. required). The Law of Neighbours Author: A J Van der Walt Publication date: October 2010 Pages: 484 pp ISBN: 978-0-7021-1551-9 The Law of Neighbours provides a substantive analysis of this area of law. Preamble The Municipal Manager of the City of Johannesburg Metropolitan Municipality hereby, in terms of Section 13(a) of the Local Government: Municipal Systems Act, 2000 (Act No. In some circumstances a court might order that the owner remove the root or branch or perhaps the whole tree. It is the responsibility of each citizen to protect the natural heritage of South Africa! “The judge made it clear that you have to make allowances for the fact that properties are getting smaller - and in Vogel and Crewe’s case, the pleasure that the tree provided would therefore necessarily require a certain amount of effort and tolerance,” said Cor. Yes. Where the branch or root of a tree comes onto a neighbour's land, a nuisance situation exists. See FindLaw's Neighbors and Trees section for related articles. Rental Housing Act [No.50 of 1999] repealed rent control which had been in place since 1976. For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor's scenic view. He said, too, that the case was significant for a number of reasons: it took the environment into consideration (“And given the problems of climate change, everyone ought to think twice before cutting down a tree”); and it addressed the question of what is and isn’t reasonable. What can you do - or can’t you do - with overhanging branches, and what can you do when trees that grow on your neighbours’ land cause a nuisance on yours? Facebook Twitter Email We've done the research so you don't have to. Problems arise with overhanging branches and encroaching root systems that block gutters and the sewage system, shed leaves in the swimming pool and surrounding areas and also damage the dividing […] neighbour law and related nuisance which are commonly encountered. There is no clear black-and-white municipal regulation or law that can be applied when you and your neighbour growl at each other about that problem tree. An example of this kind of noise would be loud music that is played to all hours of the night. It’s advisable to speak to them first but if that fails then the authorities may need to get involved. In most cases, a tree-keeper is the registered owner of the neighbouring land the tree is growing on. “Based on a test of objective reasonableness - which included considering the trouble the trees were causing for the neighbour versus the benefits of protecting them for the visual pleasure they provide, for their shade, and even for the oxygen they produce - the judge found that Crewe couldn’t be forced to remove the trees,” said Cor. Most municipalities have by-laws in place that focus on the level of decibels reached rather than the actual time frame in which noise is made. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. If you don’t know who owns the land, you can find out in … This would usually be at his or her own cost, as the cost of removing the branch or roots cannot be claimed unless the work is necessary to minimise damage which is already occurring or is likely to occur. Where your neighbour is violating a town planning law or is encroaching on your property, either the municipality can apply for a demolition order in terms of various laws, or a property owner can. Copyright © Private Property South Africa (Pty) Ltd. 1997 - 2021. They regulate most matters that could concern a neighbor, including trees and views. To learn more about laws governing trees on your property, and what to do if your tree is damaged, get Neighbor Law: Fences, Trees, Boundaries & Noise, by Emily Doskow and Lina Guillen (Nolo). However, many of these laws do not include obstructions other than trees. How to resolve conflicts between neighbours, and salvage good neighbourly relations. what are your rights? Each case is considered on merit should matters ever reach the level of an interdict. If branches encroach on the land of a neighbour and cause a nuisance the neighbour may request the owner to remove the branches and if the owner fails to remove them within a reasonable time after demand the neighbour … Law enforcement says they can’t assist and so do the police. View Ordinances. Noise Nuisance is more subjective and usually happens over a longer period. Commission 2021 - All Rights ReservedFunded with the support of the Governments of The issues Disturbing Noise in an urban environment is governed by municipal by-laws. “But if none of this works, you could apply for an interdict to compel the neighbour to remove the branches.”. There is, however, an important limitation upon the right of a neighbour to build structures or grow trees that block out your light or create a mess on your property: if your neighbour does so, not in the enjoyment of his or her own property, but rather with the improper motive of causing a nuisance to you, you may be entitled to claim compensation or even to obtain an interdict compelling him or her to … Customerreply replied 9 years ago. A land owner may thus plant trees on his property, but as a general rule, those trees may not interfere with the neighbour’s use and enjoyment of … A neighbour’s tree causing damage to your property can be a source of conflict. “If he or she refuses to do this, you can cut the branches back to the property line - but you’re not allowed to keep the cuttings unless your neighbour refuses to take them. Next article – Do you have insurance cover for trees that have fallen over on your property? Nobody may interfere unreasonably with other people's use and enjoyment of their land. Nuisance – Falling Leaves In the case of Vogel v Crewe and another 1 All SA 587 (T) neighbours shared a common boundary and together had constructed a … ... What are our rights? Australia and South Australia, Significant and Regulated Trees  :  Last Revised: Thu Jan 5th 2017, Family Advocacy and Support Service (FASS), Family Violence and Cross-Examination of Parties Scheme, Women's Domestic Violence Court Assistance Service, Assignment of Legal Aid Cases to Practitioners, Legal Aid Guidelines for Commonwealth Matters. If the tree owner is unwilling to pay, the neighbour can apply to the Minor Civil Actions division of the Magistrates Court for a court order that the owner pay. This means you are responsible for ensuring your own trees do not cause problems for anyone else. For example, a rule may state that trees can't obstruct the view from another lot, or simply limit tree height to 15 feet. South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. The law of nuisance may provide several remedies depending on whether the tree has caused, or is likely to cause, actual damage or loss. South Africa - More data and information However, your neighbours also have this right. If, however, a strong, healthy tree blows down across the fence in a storm, this is considered to be an ‘act of God’ for which there is no liability. You may not want to cut down an overhanging branch, though: what if the trees are causing a nuisance by, say, shedding their leaves and blocking up your gutters or choking your automatic pool cleaner? This is trespassing and the encroaching land owner is legally responsible. Fortunately South Africa’s laws tend to be on the side of the reasonable neighbour … Follow-up article on the trees of the year for 2018 – Theresa du Preez . See also our booklet Trees and the Law available from our Publications page. … Following are some things to keep in mind regarding trees and neighbor disputes: But, as with everything, it’s a little more complicated than that. Article by listed attorney: Fawzia Khan Having to deal with noisy neighbours is a common complaint. Alec said that Neighbour Law in South Africa is comprehensive due to the scope of the disputes that can occur - but that most of these fall into one of five different areas: Nuisance; Encroachment ; Lateral and surface support ; Interference with the natural flow of water ; The elimination of danger; Noisy neighbours In most instances, and unless the tree is a significant tree, the neighbour can remove the encroaching roots or branches. 3. Cor said though, that, just like you, your neighbour has a right to “the enjoyment of his or her own property,” which includes planting trees and erecting buildings (as long as they comply with the National Building Regulations and the by-laws of your local municipality) - even if they obstruct your view or block your sunlight.