A boundary wall built more than 22 years ago – which was erected on the incorrect boundary line, resulting in a portion of one neighbour’s property being encroached upon – has been the subject of a legal tussle between the neighbours.

The Star reports the dispute concerning two adjoining residential properties landed in the Gauteng High Court (Johannesburg).

The neighbour whose property is being encroached upon – the trustees of the Red Cherry Trust – wanted the offending wall to be demolished.

The encroaching neighbour, Natalie Maroun (the applicant), offered the trust compensation, which it did not accept.

Maroun did not want the wall to be demolished and turned to court where she proposed either an encroachment servitude or transfer of the encroached area with compensation paid to the trust.

The effect of the error was that her property encroached onto the property of the trust by about 3.45m2.

Maroun said while she knew of this error, she thought it would somehow be resolved.

The issue between the applicant and the trust received no attention until November 2023 when the trust issued the applicant with a letter of demand, demanding that the wall be removed.

It, however, did not insist on a new boundary wall being erected in the correct location.

The court had to decide whether the wall should stay and that the trust should receive compensation for the encroached portion or whether it should be demolished.

The court reasoned that the demolition of the wall would inconvenience the applicant more than the portion of the trust’s space which was taken up.

It was found that compensation, rather than demolition, was the solution.

Full report in The Star

Judgment