IS YOUR DIVIDING WALL ON YOUR BOUNDARY?

NEIGHBOURS’ DISPUTE WHEN LEARNING DIVIDING WALL NOT ON BOUNDARY


The law will try to exercise its discretion to address the interests of both parties.

When our lawyers, STBB sent us this, we thought it would be very applicable to many of our new home owners! This judgment is an illustration of the exercise of a Court's discretion when faced with a dispute between two owners relating to the boundary between them.

The wall between the erven was, unbeknownst to all, not on the boundary. The Court noted here that demolition is not necessarily the only remedy in the case of encroachment and exercised its discretion to address the interests of each of the owners.
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RENTING OUT DIGS FOR STUDENTS

STUDENT ACCOMMODATION & ZONING LAWS


Stellenbosch offers great opportunities for property investment
with the growing demand for student accommodation.  Make sure
you're buying within the correct zoning provisions!


In a recent email from one of our lawyers, Smith Tabata Buchanan Boyes, a case was highlighted where an owner was renting part of her property out to students in Stellenbosch.

This is an important judgment to anyone offering accommodation to students. The Court here granted the Stellenbosch Municipality’s application for an interdict to prohibit a property owner from offering student accommodation if the property zoning only allows for a dwelling house to be occupied by one family. The owner must obtain the required permission from the municipality or face the penalties.



HERE ARE THE FACTS
This matter deals with an application by the Stellenbosch Municipality for an order interdicting Ms Van Wyk from providing student accommodation on her residential property in Stellenbosch, as it is contrary to the provisions of the applicable zoning scheme.
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