Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

A message to the hippos: Informal economy is not Africa’s development strategy

September 21, 2026

Operation Shanela R44 000 theft case puts police integrity on the line

September 21, 2026

Regulator exposes Big 5 Finance for reckless lending and unlawful loan charges

September 21, 2026
Facebook X (Twitter) Instagram
Trending
  • A message to the hippos: Informal economy is not Africa’s development strategy
  • Operation Shanela R44 000 theft case puts police integrity on the line
  • Regulator exposes Big 5 Finance for reckless lending and unlawful loan charges
  • Murder-for-payout schemes shake South Africa’s insurance sector amid rising fraud
  • Kempton Park murder investigation is being driven by evidence, not public pressure
  • Xenophobic landlord who unleashed gang rape on Zimbabwean tenant loses conviction appeal
  • V&A Waterfront judgment shows honesty is the first qualification any employee brings to work
  • Fort Hare to honour retired Justice Mbuyiseli Madlanga with honorary Doctor of Laws
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Neighbour awarded R11 500 compensation for property encroachment in sectional title scheme
Property Law

Neighbour awarded R11 500 compensation for property encroachment in sectional title scheme

Durban judge orders transfer and registration of encroached land to new owner
Kennedy MudzuliBy Kennedy MudzuliMay 12, 2025Updated:May 12, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
The High Court in Durban during the ruling on Ferrel Govender’s bail jurisdiction dispute.
Share
Facebook Twitter LinkedIn Pinterest Email

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. 

#Conviction 

Get your news on the go. Click here to follow the Conviction WhatsApp channel 

court ruling SA Durban property dispute encroachment ruling High Court Decision land dispute resolution legal compensation neighbourly law Property rights real estate law sectional title scheme
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Judge blocks Absa-linked company from selling pensioner’s home

September 11, 2026

Property practitioners trapped by BEE rule that left the industry in confusion

September 10, 2026

Sea Point building plans declared unlawful, but luxury apartment development will continue

September 9, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   9   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Opinion
12 Mins Read

A message to the hippos: Informal economy is not Africa’s development strategy

By Siyabonga HadebeSeptember 21, 202612 Mins Read

Africa’s informal economy reflects resilience, but lasting development requires productive jobs, industrialisation and structural reform, writes Siyabonga Hadebe.

Operation Shanela R44 000 theft case puts police integrity on the line

September 21, 2026

Regulator exposes Big 5 Finance for reckless lending and unlawful loan charges

September 21, 2026

Murder-for-payout schemes shake South Africa’s insurance sector amid rising fraud

September 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

Sea Point building plans declared unlawful, but luxury apartment development will continue

September 9, 2026

NUMSA ordered to pay member R132,000 after abandoning Labour Court review

September 14, 2026

Suspended attorney ordered to secure LPC legal fees before review proceeds

September 16, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by