Sun | Sep 24, 2017

Help! I have a neighbour from hell!

Published:Sunday | October 11, 2015 | 10:00 AMCraig Francis
Craig Francis

This week, we will respond to another question from a reader.

Good day Mr Francis,

After long deliberations, I am seeking your advice. I recently moved into my unfinished house that has been under construction for more than three years. I have one immediate neighbour.

I bought the property some 16 years ago. Since moving on to the property, I have been having problems with my neighbour.

First, he has the wastewater from his washing machine channelled on to my property. In addition, he has dug channels around his house that, when it rains, take the water on to my property. He also has a temporary garage made of wooden posts and a zinc roof which encroaches on my property and disposes water from the roof on to my property.

I am at my wit's end with my uncooperative neighbour. I have asked him to remedy the problems, and he has done nothing other than curse me. I even wanted to erect a wall, and he has said he has no money to contribute to the half cost of erecting the dividing fence.

Mr Francis, please tell me what steps I can take to solve these problems.

- D.A.R.

Good day D.A.R.

This neighbour is an inconsiderate one and is not being very neighbourly at all. The first thing I want to address is the fact that he has channelled his wastewater from his washing machine on to your property.

He has no right to do that. I have not seen your title and, therefore, I am not aware of what the restrictive covenants are. However, no restrictive covenant will allow one person to discharge their wastewater on to another's property, so he is wrong.

As it pertains to any damages that may occur because of this, you will have to seek legal advice about what actions can be taken against him.

You should write him, or have an attorney do so, to immediately stop discharging the wastewater on to your property.

You should also tell him that if he fails to do so, you will remove the encroaching pipe from your property, and then you will be capping it.

That's all that space will permit me this week. I will continue next week with the remainder of the response.

Keep sending your questions and comments, and let's continue to explore A Matter of Land. Until next time, traverse well.

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or his Facebook page Precision Surveying Service.