Nuisance: the requirements, remedies and defences
Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and to take their neighbours into consideration when conducting certain activities on their properties. It occasionally happens that someone is using their property in a way that negatively affects the use and enjoyment of someone living nearby. Such […]
BARKING DOGS DRIVING YOU BATTY? NOISY NEIGHBOURS AND THE INTERDICT OPTION
“Nuisance usually involves repeated infringement of the Plaintiff’s property rights. An objective weighing up of the interests of the various parties, taking into account all the relevant circumstances is required in these matters” (from judgment below) If the dog-next-door’s incessant barking is destroying your quality of life, read on. A recent High Court case illustrates […]