Dispute between neighbours

W

wstevens

New Member
Joined
Jan 15, 2010
Messages
1
Reaction score
0
Hi all

I have a dispute with my neighbour. I live in a large estate. My boundary wall is joined to my house physically. It runs parallel with my house. The part where it is attached is my main bedroom.

My neighbour has now built a braai against the wall. The wall is 1m800 high. I disaprove as now we have a chimny stack which if we are sitting on our patio is now basically obscurung our view.

Our bedroom window is about 2 meters from the chimny stack and their entertainment area. This dispute is a asthetic and noise dispute. The braai has been built from what I can see according to building regulations however he has built the chimny stack back section on my boundary wall.

It looks terrible I want them to move there braai area away from my bedroom. Can anybody tell me if there are loop holes that I can follow. I can post pics if required
 
Drill a small hole through the wall, from your side, through into the chamber of the braai ... push in a thin pipe ... when he lights the braai squirt some petrol down the pipe .....
 
atomcrusher said:
Drill a small hole through the wall, from your side, through into the chamber of the braai ... push in a thin pipe ... when he lights the braai squirt some petrol down the pipe .....
Click to expand...

Hopefully the fire doesn't run up the pipe/hole and burn his arse.
 
wstevens -

Sectional title or individually owned?

If sectional title, he has to tear it down unless he can prove that he has permission to build it from the council, because he is building on common property.

If individually owned, then he has to tear it down because he was supposed to get permission from you to encrouch onto his boundary from you. He is supposed to leave a gap between your shared wall and any structures.

Now, answer the question dammit.
 
Check with the Trustees if it is sectional title. In most cases as his neighbour you would have had to approve the braai before construction before it could begin.

If it is free hold you could be stuffed.

(as above)
 
Yes. close the bedroom window with bricks and install sunroof.
Send a letter to the Municipality. he should have got permission via a signed letter to approve the building of a structure within 1meter of the wall. Then he can build a bigger and larger stack 1 Meter away from the wall which would not need your consent.

Another solution is to paint a nice mural on the stack or plant a aggressive creeper to overgrow and cover the stack or mount a waterproof HDTV/LCD + camera on the stack to obscure it and restore the view.
 
davemc said:
wstevens -

Sectional title or individually owned?

If sectional title, he has to tear it down unless he can prove that he has permission to build it from the council, because he is building on common property.

If individually owned, then he has to tear it down because he was supposed to get permission from you to encrouch onto his boundary from you. He is supposed to leave a gap between your shared wall and any structures.

Now, answer the question dammit.
Click to expand...

He would still need a building plan, whether it's sectional title or full title.
 
rabbiddog said:
Check with the Trustees if it is sectional title. In most cases as his neighbour you would have had to approve the braai before construction before it could begin.

If it is free hold you could be stuffed.

(as above)
Click to expand...

I think you would have every right to approach your Municipality (if it's an operative one, lol). There are limits to what people can build on their boundaries and if you live in freestanding houses this rule is very much applicable. Do you have a copy of your Title Deed? If so, check what the boundaries are stated as; otherwise find out from your Council. Good luck. :)
 
You have a leg to stand on if the smoke enters your bedroom, then it becomes a health hazard, contact your local municipality to find out what the rules and procedures are.

When he braais, open you bedroom window and check for smoke entering your home, take different wind conditions into consideration.

Even if smoke does not enter your home, contact your municipality and find out what the building regulations are, not all municipalities have the same regulations.

Good luck.
 
before he built it , he had to have run it past you. In cases like this where by your property also forms part of his, any alterations whether it be him paving his lawn has to seek your approval first. Only once he has yours and 2 other signatures then only the plans would have been approved for construction. Here in Morningside Durban individual house owners have to get 5 signatures from people on the road they stay on and then put up a notice on their property stating they are doing renovations.
 
if its sectional title u have to get like approval from all owners IIRC. And that is normally only done/possible at an AGM.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X