MyPE

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Resident Down in the Dumps

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www.MyPE.co.za: This week our panel of experts grapples with the growing problem of dumping on undeveloped land by unscrupulous neighbours and builders.

A reader whose home borders on one such vacant property writes that she has two issues – firstly, with the dumping of rubbish and, secondly, with the overgrowth of trees and shrubs.

With regard to the first issue, the unbearable smell emanating from the area drove the reader and her neighbours to report the problem to the municipality.

The vacant property is owned by the body corporate of a nearby townhouse complex. According to the reader, there were plans to develop this land at some stage but, to date, it remains unoccupied.

The body corporate subsequently took steps to clean up the area and it appears that the dumping of rubbish is now under control. The reader reports that there is no longer a smell but that rubbish bags are still in evidence.

Over time, the land has also become overgrown, resulting in the reader’s second problem.

She believes that it provides a possible hiding place for criminals and vagrants. Many of the surrounding properties have been burgled and the residents wish to reduce any obvious and avoidable risk.

Where trees have been felled, the stumps have been left lying on the property. The reader is concerned that this is also creating a potential fire hazard.

She would like to know what could be done to compel the body corporate to clean up the vacant land.

Charl Crous from Du Toit Strombeck Attorneys in Port Elizabeth says that, in terms of the Sectional Titles Act, a body corporate must establish a fund for administrative expenses relating to, among other things, the upkeep, control and maintenance of the common property.

“Another of its functions is to maintain the common property in a good state and ensure compliance with any relevant laws.”

According to Crous, most municipal areas have by-laws in place that deal with issues relating to health and fire safety.

“The reader should again make contact with the trustees of the relevant body corporate, giving them the opportunity to remove the offending overgrowth of vegetation and clear the area,” says Crous. “Should they fail to do so, the municipality can then be approached.”

It may be in the body corporate’s best interest to settle the matter by taking steps to clear the property, says Charlotte Vermaak from Chas Everitt Port Elizabeth. “In this way, they can avoid the potential fines that the municipal authority may impose or being held responsible for the costs of clearing done by the municipality.”

Vermaak says following this route should prove acceptable to both parties. “However, in the event that it is not, the residents could consider civil action against the body corporate by applying for an interdict compelling them to clear the land.”

This should be considered a last resort, says Vermaak, as it could become costly for the reader and her neighbours.

CLICK HERE to have your property related questions answered courtesy of Coetzee Gouws from Full Stop Communications.

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Fullstop

Full Stop Communications is a public relations consultancy in Port Elizabeth in the Eastern Cape of South Africa focusing on media relations and copywriting. We drive regional and national media campaigns in a number of fields, most notably in the property, legal and sports arenas. We also specialise in media monitoring, ghostwriting, editing, translation and advertising. See more articles by Full Stop.