The Law of Neighbours

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. 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 as well as chapters on neighbour conflicts caused by building, the influence of the new Constitution and the notion of living together as neighbours in the new democracy.

The book aims to establish the current state of the law seen against the context of its historical development in South Africa and in the perspective of foreign law. It also determines whether and how the current position is consistent with the Constitution.
Contents include

  • Living together as neighbours
  • Mutual boundaries, party walls and fences
  • Lateral support
  • Encroachment
  • Natural flow of water
  • Nuisance
  • Dangers and threats posed by neighbours
  • Neighbour disputes about building
  • Future development
  • Bibliography
  • Legislation
  • Case law
  • Index

The Law of Neighbours forms part of Juta's Property Law Library, a new series aimed at revisiting and reassessing the whole of South African property law. In the long term the collection will consist of a number of monographs, each focused on a specific aspect of property law. This collection includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

  • how each aspect of property law was influenced by apartheid law
  • its response to the new constitutional dispensation and land reform
  • whether it can make a contribution towards the transformation of South African law and society.

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