As inhabitants of the real world we have all faced some form of nuisance to our property whether noise, pollution or physical obstruction. When faced with such adversity, the question arises whether any legal remedy exists to prevent such interference or encroachment on one’s right to use and enjoy one’s property.
More often than not the most common remedy for nuisance is to interdict the person causing it, thereby prohibiting it. However, in order to be actionable, the nuisance complained about, must constitute an objectively real and material intrusion.
As illustrated by the judgment in Jacobs NO V Hylton Grange (Pty) Ltd and Others the process of legal action is not only strenuous and time consuming but costly. Thus, as most other branches of the law, the ideal would be to try and resolve the issue amicably between parties. Litigation should only be used as a last resort.
Y Vosloo, LL.B