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Malherbe v Ceres Municipality: I t had to be determined whether falling leaves and acorns and protruding branches of trees growing alongside streets constituted a nuisance. The law expects a degree of tolerance between neighbours in the exercise of their entitlements of ownership.
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property. See for example Holland v Scott 1882 2 EDC 307 324-325, where the court decided that the nuisance caused by the commercial (or industrial use) of property in a residential area could be construed as a nuisance. See further Graham v Dittmann and Son 1917 TPD 288 291-292; Malherbe v Ceres Municipality 1951 4 SA 510 (A).
LIMITATIONS ON OWNERSHIP. Case study: Malherbe v Ceres Municipality (AS IN STUDY GUIDE) Facts: Appellant, Malherbe approached court for an interdict ordering respondent, Ceres Municipality, to prevent acorns & leaves of oak trees growing alongside the streets of Ceres, from falling into his property.
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In Malherbe v Ceres Municipality 1951 (4) SA 510 A it was confirmed that should a neighbour’s tree branches overhang or the roots spread into your property and the owner refuses to remove same, you may chop them off on the boundary line. Hopefully you will be able to resolve tree-related issues with your neighbour in a courteous way, and ...
Oct 18, 2021 · Garden Cities v Northpine Islamic Society 1999 2 SA 268 (C) Gien v Gien 1979 2 SA 1113 (T) Graham v Dittmann and Son 1917 TPD 288 . Holland v Scott 1882 2 EDC 307 . Joubert v Van Rensburg 2001 1 SA 753 (W) Laskey v Showzone CC 2007 2 SA 48 (C) Leith v Port Elizabeth Museum Trustees 1934 EDL 211 . Malherbe v Ceres Municipality 1951 4 SA 510 (A)
Malherbe v Ceres Municipality (1) (1951 (4) SA 510 (A)) deals with nuisance of trees and leaves. Facts. The appellant, Malherbe approached the court for an interdict ordering the respondent, Ceres Municipality, to prevent acorns and leaves of oak trees growing alongside the streets of Ceres, from falling onto his property.
Bingham v City Council of Johannesburg 1934 WLD 180 Vogel v Crewe and another [2004] 1 All SA 587 (T) Malherbe v Ceres Municipality 1951 (4) SA 510 A. This article is a general information sheet and should not be used or relied on as legal or other professional advice.
