Chapter

Neighbour Law

Derek Van Der Merwe

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0024
Neighbour Law

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The South African law of neighbours has many peculiar features which render its study both fascinating and frustrating: it consists of common law principles which are a composite mix of the rich conceptual categories of the Roman-Dutch law and the equity-based discretionary style of adjudication which is the hallmark of the English law of nuisance; it occupies an intermediate position between the law of property and the law of delict; and it represents a jurisprudence of concepts strikingly adaptable to the social realities of neighbourly existence. This chapter focuses on that branch of the law of neighbours known as ‘nuisance’. It aims to reflect upon and to explain the adaptations made to Roman-Dutch neighbour law as a result of its application (or otherwise) in the social and economic setting of South Africa.

Keywords: South African law; law of neighbours; Roman-Dutch neighbour law; nuisance

Chapter.  13331 words. 

Subjects: History of Law

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