Ownership and Limitations
Two types of nuisance under neighbour law:
Nuisance in the narrow sense (material discomfort or inconvenience).
Nuisance in the wide sense (unreasonable use of property affecting others, e.g., eyesores or loss of view).
What is the objective test for narrow nuisance
Whether a reasonable person would find the interference intolerable.
Can a landowner alter natural water flow to a neighbour’s detriment?
Generally not allowed if it causes harm to a neighbour, unless justified and unavoidable.
What does s.36 of the Constitution say
The limitation of rights where reasonable and justifiable in an open and democratic society.
Constitutional section limiting property rights in South Africa:
Section 25 of the Constitution (the property clause).
In Gien v Gien, why was the noise-making apparatus deemed a nuisance
The noise caused by the machinery exceeded tolerable levels and interfered with the neighbour’s ordinary comfort.
What is lateral support in property law?
A property owner is entitled to natural support from adjacent land to maintain the stability of their soil.
What constitutional clause protects against arbitrary deprivation?
Section 25(1) of the Constitution
What is the key difference between deprivation and expropriation
Deprivation: Affects property rights without transferring ownership to the state.
Expropriation: Involves state acquisition of property for a public purpose or interest.
What remedy applies if roots/branches encroach on a neighbour’s land?
A neighbour may prune roots/branches that intrude onto their property, but must avoid unnecessary harm.
Define party walls and their legal significance.
Walls shared by adjoining properties; each owner has rights and responsibilities regarding maintenance and changes.
Name two public interests justifying expropriation under s.25(2).
Land reform.
Equitable access to natural resources.
Name three factors for just and equitable compensation:
Current use of the property.
History of acquisition and use.
Market value of the property.
Can aesthetic concerns (e.g., an ugly fence) constitute a nuisance? (Refer to Dorland.
Generally, purely aesthetic concerns (like an ugly fence) do not constitute a legal nuisance.
What duty does an owner have regarding elimination of dangers to neighbours?
Owners must take reasonable steps to prevent foreseeable harm to neighbours from dangers on their land.
How does the FNB case guide assessments of property rights infringements?
Established that deprivations must be lawful, non-arbitrary, and proportionate. Established the steps take to determine whether deprivation or expropriation is lawful