Cape Coastal Homes Logo
You are here: Cape Coastal Homes / Latest News / Legal Thought Of The Week The Law Of Neighbours Encroaching Trees

Legal Thought of the Week | The Law Of Neighbours: Encroaching trees


Legal Thought of the Week | The Law Of Neighbours: Encroaching trees

Good fences make good neighbours. But what happens in the case of annoyance caused by branches hanging over the fence? Our courts have held that a neighbour may remove the branches himself should the owner of the tree fail to heed repeated requests to do so, as the overhanging branches constitute an encroachment of the airspace of the affected neighbour’s land. The affected neighbour may however only retain the cut-off branches if the owner of the tree does not want them.

On the other hand, the owner on whose land overhanging fruit falls, becomes the owner of the fruit through collection thereof and has no obligation to return the fruit to the owner of the tree.

It would therefore be wise to weigh up the nuisance of an overhanging tree against the fruitful benefits of fallen fruits!

Source: STBB

Author STBB
Published 22 Jul 2015 / Views -
Disclaimer:  While every effort will be made to ensure that the information contained within the Cape Coastal Homes website is accurate and up to date, Cape Coastal Homes makes no warranty, representation or undertaking whether expressed or implied, nor do we assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information. Prospective purchasers and tenants should make their own enquiries to verify the information contained herein.