100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
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£6.95
Add to cart
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
1/3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Denyss. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £6.95. You're not tied to anything after your purchase.
