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SAR 310 Exam Case Law Terms in this set (34) PGB Boerdery Beleggings v Somerville Difficult for nuisance causing neighbour to defend itself against the nuisance claim if the Plaintiff voluntarily occupies a property in the vicinity of a known and$8.49
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SAR 310 Exam Case Law Terms in this set (34) PGB Boerdery Beleggings v Somerville Difficult for nuisance causing neighbour to defend itself against the nuisance claim if the Plaintiff voluntarily occupies a property in the vicinity of a known and
SAR 310 Exam Case Law
Terms in this set (34)
PGB Boerdery Beleggings v Somerville Difficult for nuisance causing neighbour to defend itself against the nuisance claim if the Plaintiff voluntarily occupies a property in the vicinity of a known and existing nuisance
i.e. the nuisan...
Difficult for nuisance causing neighbour to defend itself against the nuisance claim if
the Plaintiff voluntarily occupies a property in the vicinity of a known and existing
PGB Boerdery Beleggings v Somerville nuisance
i.e. the nuisance causing neighbour is exceeding what the Plaintiff is reasonably
expected to tolerate
Held that a Disturbing Noise is a scientifically measurable noise level, whilst a Noise
Nuisance is subjective and is defined as any noise that disturbs or impairs or may
Laskey v Showzone disturb or impair the convenience or peace of any person.
In this case, the offending neighbour (Showzone) was allowed to continue doing
business eliminating the cause of the nuisance.
The courts do express sympathy towards the Defendant with regards to the locality
principle.
Allaclass Investments v Milnerton Golf However, it was concluded that it was valid to impose an interdict against the golf
course from proceeding with ordinary business until the danger of stray golf balls to
the appelant was eliminated.
UP applied for an interdict.
Jolly Roger exceeded the ambient noise levels in terms of what the property was
UP v Jolly Roger zoned as.
UP had a direct and substantial interest in protecting itself and its students from the
noise nuisance.
Court pointed out that neighbours have competing rights.
Gien v Gien However, an owner must not use and enjoy their land in a manner which unreasonably
interferes with the neighbour's enjoyment of their own land.
The right to undisturbed use and enjoyment of own property is not unlimited.
Madarasah Taleemuddeen Islamic Institute v Oversensitivity of personal perculiarities does not serve as a standard for
Chandra Giri Ellaurie reasonableness.
Ellaurie interdict application failed because he could not establish a clear right.
3 Part Test:
1. Nature and purpose of the attachment of movable (Objective factor)
MacDonald v Radin (MacDonald Case)
2. Manner and degree of attachment (Objective factor)
3. Intention of the Annexor (Subjective factor)
SAR 310 Exam Case Law
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