Call us now:
In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
No litigation is more emotional per rand than neighbour disputes — walls, trees, water, noise, and the survey pin that ended a friendship. Neighbour law is old, settled and surprisingly practical. Here are the rules for the classic fights, and the escalation path that resolves them without a decade in court.
The boundary wall: whose is it, who pays
A wall ON the boundary line is presumed co-owned — maintenance shared, neither may demolish or materially alter without the other’s consent. A wall wholly inside one erf belongs to that owner alone. Want a new/higher wall? The default: you want it, you fund it — a neighbour can’t be forced to co-pay absent agreement (estate rules and title conditions can change this). Get the survey diagram (Surveyor-General, cheap) before any argument about where the line actually runs.
Building over the line — encroachment
A structure over your boundary is encroachment: remedies range from demolition orders to compensation-and-transfer arrangements where demolition is disproportionate (courts weigh cost against prejudice). Act promptly — years of silence reads as acquiescence and shifts outcomes toward compensation instead of removal. For new builds: approved plans and a land surveyor’s setting-out are cheaper than any encroachment fight.
Trees, roots and branches
Overhanging branches and invading roots causing damage: demand removal/trimming; the law allows cutting back to the boundary (at the intruding side, ideally after notice — self-help beyond that invites spoliation claims). Damage already caused (paving, pipes, foundations): nuisance-based damages claims with proof of causation (plumber/arborist reports).
Noise, smoke and nuisance
The test: does it materially interfere with ordinary comfort, judged objectively? Chronic barking, generators, home-industry noise — first municipal by-law complaints (noise control officers can act), then interdict proceedings for persistent nuisance with a documented log (dates, times, recordings, witnesses). Courts want the log, not adjectives.
The escalation ladder
1) The calm written note (WhatsApp counts — and starts the record). 2) Attorney letter framing the legal basis — resolves the majority. 3) Community/CSOS mediation where schemes apply. 4) Interdict or damages action. Costs follow unreasonableness — the neighbour with the polite paper trail and the survey diagram wins twice: in court and on costs.
Frequently asked questions
My neighbour built a wall on my property — options?
Survey first. Then demand: removal or a formalised arrangement (servitude/transfer with compensation). Courts order demolition of fresh, defiant encroachments; older ones tend toward compensation.
Can I force my neighbour to share the new wall cost?
Generally no — absent agreement, estate rules or title conditions, the party wanting the improvement pays. Split-cost agreements: get them signed before building.
Neighbour’s renovation is cracking my house — what now?
Photograph and get an engineer’s report immediately, demand their contractor’s insurance details, and interdict the work if damage is ongoing. Excavation-support duties are strict.
Who do I call about constant noise at 2am?
Metro police/municipal noise control under the by-laws for incidents; attorney letter + interdict for the chronic pattern. Keep the log — it IS the case.
Speak to an Attorney Today
Get straight answers about boundary wall disputes from a firm that fights to win. First consultation — no obligation, full confidentiality.
Call 011 042 8039 Request a Callback