Wouldn't It Be Nice to Get On With My Neighbours?

"Wouldn't it be nice to get on with me neighbours?" (from "Lazy Sunday" by Small Faces)

Maintaining friendly relations with neighbours has likely been a primary aim of homeowners throughout history. Even our cave-dwelling ancestors probably wanted to get along with the folks next door. However, as we know, it's not always easy.

A recent High Court case over parking rights exemplifies how neighbourly relations can deteriorate into conflict, both inside and outside the courtroom.

“You Can’t Park Here!” “Yes, We Can!”

This dispute took place in Higgovale, a small and affluent suburb on the slopes of Table Mountain in Cape Town. On one side, we have a couple who have the right to access their garage via a servitude road. On the other side, the neighbours allegedly blocked the couple's garage access by parking in the road.

At the heart of the issue is the road servitude. Servitudes require a balance between the "dominant owner" who has the right to use the servitude and the "servient owner" who must allow this access with the "lightest burden" on their property. Tensions in such relationships can escalate into conflict, which is exactly what happened here.

Initially, the garage-owning couple sought a blanket interdict against all parking by the neighbours in the road. However, they later adjusted their request to focus solely on preventing obstruction of their garage access.

The Court promptly ordered that the neighbours "are interdicted and restrained from parking vehicles on the servitude area at... Higgovale, in such a manner as to unreasonably obstruct the applicants from entering and exiting their property and exercising their right of way."

In doing so, the Court criticized both parties for failing to settle their dispute amicably. They urged the parties "to engage with each other in a manner that promotes the spirit of ubuntu, and the constitutional vision of a caring society based on good neighbourliness and shared concern" (emphasis supplied). The Court also suggested considering demarcating parking bays in the road as a temporary solution.

Now, both parties must pay their own costs (except for the costs of one interim application), and they are essentially back to square one. They need to engage with each other to find a fair solution.

What’s a “Reasonable Neighbour”?

According to the Court (emphasis supplied): "While the common law requires that neighbours act reasonably, the Constitution shows what a reasonable neighbour looks like. She is not only concerned with advancing her own private interests but cares also for the needs of her neighbours. She seeks mutually beneficial solutions. The mindset of the reasonable neighbour is one of collaboration, not competition. She sees herself not as an isolated individual, but a partner in an interdependent community of persons, all of whom are to be respected and valued."

The Importance of Communication

Effective communication is key to maintaining good neighbourly relations. When conflicts arise, it is crucial to address them promptly and respectfully. Open dialogue can often prevent misunderstandings from escalating into larger disputes.

Consider inviting your neighbour for a casual chat over coffee. Discuss any concerns you may have and listen to their perspective. This can foster a sense of community and help build a foundation of trust.

First Prize: Settle!

Courts prefer that we resolve disputes in a collaborative spirit, without resorting to legal action. However, if a friendly discussion over coffee doesn't resolve the situation, more robust action might be necessary.

If you find yourself in a similar predicament, remember that you are not alone. Seeking legal advice can provide clarity and guidance on how to navigate these challenges.

In conclusion, maintaining good relations with neighbours is essential for a harmonious living environment. By prioritizing communication and collaboration, we can foster a sense of community that benefits everyone involved.

©LawDotNews