Buyers tend to concentrate on finding homes that are affordable, secure and as close to work and school as possible, but they do need to be aware of some pitfalls that could have a very negative effect on the value of their investment.
This is the word from Rudi Botha, CEO at BetterLife Group, who says that these pitfalls include negative environmental factors, local infrastructure that is not in great shape and sometimes, rules made by a body corporate or homeowners’ association that won’t suit their personal lifestyle.
To avoid these problems, he says prospective buyers need to look beyond the property they are interested in to the neighbouring homes and the surrounding area, and take the time to do some research.
Read: Spot these 'bad neighbourhood' signs when buying property
When living in a townhouse development, freehold property, or even sometimes sharing a balcony wall, there may come a time when you have issues with a neighbour.
But before any dispute turns into a downright feud with legal implications, you might want to consider the following:
Territorial habits
A man is the king of his castle, as the saying goes, and anything that intrudes upon the boundaries of his realm demands reaction. An overhanging branch, a damaged fence, or whatever the cause may be can result in heated exchanges or even thousands spent on legal fees.
Many residential property owners in South Africa have been through the frustrating experience of finding that the value of their home and the pleasure they derive from it, are suddenly greatly diminished by what their neighbour does with his property.
In some cases, says Rowan Alexander, Director of Alexander Swart Property, the problem will be due to breaking the law or municipal regulations. For example, additions to the original building or the erection of a new building will, on investigation, be found to be contrary to what the law allows.
“There have been many cases where large double or triple storey homes were erected on the northern side of smaller homes, obstructing their views and sunlight,” he says. “In almost every case the new buildings were perfectly legal, with the result that the neighbour had to accept the situation.”
Read: Has a neighbour ruined the value of your property?
Sometimes, even small disputes can become complex legal cases when either party continues action as a matter of pride, no matter how small the alleged infringement.
The truth is that issues concerning property boundaries are rarely clear-cut and when properties change hands over the years, an issue that could have been building up for years might suddenly cause an uproar that could have been avoided if both parties had communicated the problem. Oftentimes, when someone buys a property they might have to contend with something previous occupants have put up with for years.
Ongoing communication towards an amicable resolution to disputes is always the best route and most definitely as an alternative solution before heading to court and having to pay expensive legal fees.
“Resolving neighbour disputes can be a lengthy and time-consuming process if you have to take it up with authorities, so you want to try your best to resolve it without getting others involved if possible,” advises Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa.
According to his advice, the first step in any neighbour dispute is to take a human approach to the situation by trying to resolve the issue neighbour-to-neighbour. In many cases, the issue can be easily resolved if both neighbours just have an honest and respectful conversation about the issue - the operative word here being ‘respectful’.
Read: How to deal with difficult neighbours without calling the cops
Neighbourly practices
Following the practice of being neighbourly, any problems that arise should be discussed as soon as possible. If there are overhanging branches that you feel are causing damage to your property, discuss having these trimmed back, either by yourself or by your neighbour.
Under common law governing overhanging branches, anything that overhangs your property can be cut off and returned to your neighbour without trespassing. “It is never a good idea to confront a neighbour when you are a loose cannon waiting to explode. If you are unable to cool down during the heat of the moment, then wait until the next day when you are more in control of your temper and are able to have a reasonable conversation with your neighbour,” says Goslett.
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