News & Info: Contractual & Legal

To support or not to support

Monday, 03 May 2021   (0 Comments)
Posted by: Nkosikhona Mkhize

What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant right to lateral support in favour of neighbouring properties. There was until last year some confusion as to the exact scope and ambit of this duty and reciprocal right. Some viewed it as akin to a servitude, others as being rooted in the law pertaining to neighbours.

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