NEIGHBOUR’S BUILDING PLANS CAUSE LOSS OF VIEW: WHEN IS THIS OBJECTIONABLE?
Gerstle and Others v City of Cape Town and Others (A484/2015) [2016] ZAWCHC 102
(15 August 2016)
The loss of a view over Table Bay resulting from a neighbour’s building plans will always be contentious. Legislation dealing with building plan approval and relevant case law however provide clear guidelines how plan approval should proceed, as this case illustrates.
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The Judgment
Summary of the Judgment
HOME MAINTENANCE: SOMETIMES THE LAW OBLIGES YOU TO DO IT!
Muller v Lawrence (15279/2015) [2016] ZAGPPHC 744 (24 August 2016)
You know your home well and avoid those spots where a broken stair rail or tile can cause you to fall. But remember that our law requires you to maintain your premises so that others do not injure themselves. If you foresee that harm can come to someone, you must do something about it. This judgment illustrates what is required when a visitor claims for injuries based on the negligence of the home owner.
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The Judgment
Summary of the Judgment