The question often gets asked what remedies are available where a neighbour‘s property for example trees or leaves cause damage to my property for example blocking gutters resulting in overflow and cause damage to the property or roots causing damage to a boundary wall.
Should your neighbour’s leaves be causing damage, the injured property owner is entitled to request the neighbour to have the trees cut back in order that the leaves stop causing damage.
Should the neighbour refuse, then the property owner can obtain relief from the appropriate court to have the trees cut down himself, his only obligation being to return the branches to the neighbour as the branches belong to the neighbour. This emanates from Roman-Dutch law where the owner of the trees could sell the wood to generate income.
Should you have any further questions in this regard, kindly contact craig@burmeisters.co.za.
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