Property Law – ISSUE 04 – 2020

Friday, 06 March 2020

SMELLY: AGRICULTURAL LIVING OR ACTIONABLE NUISANCE?

Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14 (27 February 2020)

This judgment deals with smells originating from activities on a farm which are sometimes so severe that neighbouring farm owners cannot open windows or entertain guests outside. When will a court allow the suffering owner an interdict to prohibit his neighbour from continuing with his farming activities? This judgment illustrates the considerations.

The Judgment can be viewed here:

The Judgment
Summary of the Judgment

WE WERE IN A PARTNERSHIP, DID YOU NOT KNOW THIS? 

Allner v Werner (2584/2018) [2020] ZAECGHC 12 (25 February 2020)

This judgment deals with a dispute between two persons regarding their shares in wealth generated whilst they cohabited over a period of 22 years. It highlights the very difficult position for such partners to have to search back in their personal and joint histories to be able to convince a court, so many years later, that they created a partnership and agreed on a shareholding, not in words but in deeds done (tacitly). The obvious message is that cohabitees are well advised to reduce their financial arrangements to writing.

The Judgment can be viewed here:

The Judgment
Summary of the Judgment

Credit to: STBB Attorneys