What Is Neighbour Law

Unless you live on hundreds of acres of land, you`ve probably had to deal with neighbors in some way. In most cases, neighbors are not family members or friends, but tend to come from different backgrounds. Often, these differences in lifestyle, socio-economic level, misunderstandings, and other factors can lead to conflict with neighbors and make the neighborhood experience uncomfortable. This section provides information on how to deal with neighbourhood disputes, including practical advice on neighbourly relations. how to avoid becoming a nuisance to your neighbours; what to do if you think your neighbour is becoming a nuisance; and relevant legal implications. South African neighbourhood law has many peculiarities that make its study both fascinating and frustrating: it consists of common law principles that are a mixture of the rich conceptual categories of Romano-Dutch law and the discretionary style of court-based jurisprudence that characterizes English harassment law; it occupies an intermediate position between property law and tort law; And it represents a jurisprudence of concepts that can be remarkably adapted to the social realities of the existence of neighborhoods. This chapter focuses on the branch of neighbourhood law known as „harassment.” It aims to reflect and explain the adaptations that have been made by its application (or not) in South Africa`s social and economic environment. A collection of common questions about noisy neighbors. Here you`ll find answers to your questions about noise pollution laws, what to do about a noisy neighbor, whether you can sue your neighbor for noise, and more. Local ordinances often control the height of a fence, both natural fences, including hedges, and those constructed of wood, stone or other materials. If your neighbour builds a fence higher than municipal by-laws allow, you can talk to them about it.

You can also call the city, which can order the person to obey the law. Without a complaint, your municipality is unlikely to inspect neighbourhood fences to determine if they comply with elevation orders. If a neighbor comes to your property without your permission, they are trespassing. If they refuse to leave when asked, you can call the police. If your neighbor`s smoke gets into your home, you should talk to them first. If that doesn`t work, what needs to be done depends on the situation. Is the smoke coming from a tenant? If so, does the lease prohibit smoking? Otherwise, you still have the right to enjoy your property quietly, and smoke may violate that right or be a nuisance under the common law. You can talk to a lawyer if you want to sue for second-hand smoke.

Search: `neighbour`s principle` in Oxford Reference » If a neighbour builds a fence or other structure, such as a shed, that engages (goes further) into your property, this is also a form of trespassing. Often, the intervention is not intentional and can be corrected by surveying. If you have talked to your neighbour about the issue and have received a survey showing that the structure is involved, you can sue your neighbour for trespassing. A court may order the neighbour to remove and move the fence or structure away from your property. Some cities have ordinances that prevent neighbors from blocking the view of others. This article discusses ordinances, tree height restrictions, easements, conscious actions, and your options. If a tree on your property damages your neighbor`s property in any way (such as a branch falling on the roof during a storm), you are not responsible for the damage unless it was caused intentionally or negligently. Negligence means that you were not reasonably careful or warned or that you knew that the tree was damaged or diseased and could fall. But if your tree`s roots go under its property and damage its pipes, lawns or foundations, you may be liable for harassment at common law. Whether you will be held liable for damages depends on the facts of the case, but usually the courts do not allow the use of property that causes significant inconvenience to others or damages their property.