A property owner whose boundary wall was found to have encroached on a neighbour’s property has been given until 16 May to demolish the wall voluntarily, or be forced to pay for its demolition by the affected neighbour.

Western Cape High Court Judge Phillipa van Zyl issued an order for the demolition of the wall between two adjacent properties in Langa after she found that the wall – built by the developer of the properties before either owner bought theirs – meant the aggrieved party stood to ‘lose the increase in the value of her property.’

A Cape Argus report says Nomnandi Mbane and Babalwa Gxenya own adjacent properties in Langa, which they both bought in 2005.

Van Zyl commented: ‘It appears that the developer had mistakenly erected the wall on Mbane’s property, in conflict with the approved city plans for the construction as well as the approved Surveyor-General diagram depicting the boundaries of the properties within the sub divisional area.’

But the judge ruled ‘the prejudice to be suffered by Mbane should demolition be refused is greater than the prejudice to be suffered by Gxenya if a demolition order is granted. Mbane stands to lose the increase in the value of her property as a result of her inability to effect the already approved renovations’.

Full Cape Argus report

Judgment