A ruling by the KwaZulu-Natal High Court in Durban has prioritised compensation rather than demolition in a case of encroachment into a neighbour’s property in a sectional title scheme.
The case involved Aavishkar Chundhur, owner of Unit 5, and Sandeer Rampersad, owner of Unit 6, within a sectional title scheme in Shallcross, Durban. At the centre of the dispute was an encroachment spanning approximately 46m², consisting of Rampersad’s driveway and carport extending onto Chundhur’s property.
The conflict deepened when a bougainvillea tree, planted by Chundhur, obstructed Rampersad’s driveway. Following unresolved requests for its removal, legal action ensued, leading to court intervention.
Compensation over demolition
Initially, Chundhur sought a court order for demolition of the encroaching structures. However, in a judgment delivered on 8 May 2025, Judge JI Henriques emphasised a balanced approach that considered neighbourly relations and the broader impact on the sectional title scheme. The ruling acknowledged that ordering demolition could trigger further disputes among complex residents, given existing encroachments across multiple properties.
Instead, Rampersad was ordered to compensate Chundhur R11 500, a sum deemed reasonable based on expert valuations submitted during the proceedings. Judge Henriques stated: “The costs of removal would be disproportionate to the benefit derived from the removal.”
In addition to compensation, the court directed Rampersad to facilitate the transfer and registration of the encroached land into his name, ensuring a permanent resolution. The judgment did not compel demolition.
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