Property disputes are common in South Africa, especially when it comes to shared properties like sectional title schemes, homeowners' estates, and neighbouring properties. Knowing the legal options available can help resolve these conflicts effectively.

Sectional Title Disputes

Sectional title schemes, where people own units in a shared building or complex, can sometimes lead to disagreements among residents. The most common issues include:

• Maintenance and Repairs: Disputes often happen over who is responsible for the upkeep of common areas versus individual units, especially if one party feels their contributions are unfair.
• Financial Issues: Disagreements about levies, whether regular or special, and concerns about budgeting or financial management can cause conflict.
• Rule Enforcement: There may be tension when the rules governing common property or behaviour within the community are enforced unfairly.
• Noise and Nuisance Complaints: Common issues like noise or pets can lead to disagreements between neighbours.

Boundary Wall Disputes

Boundary wall disputes usually happen between neighbouring property owners. These disputes often involve issues like:

• Encroachment: One party may build or extend structures that overlap onto a neighbour's property, either physically or visually.
• Disagreement over Wall Placement: Conflicts can arise when neighbours disagree on where boundary walls should be placed or how they should be maintained.

Homeowners Association (HOA) Disputes

Homeowners Association (HOA) disputes in residential estates are often similar to those in sectional title schemes. Common issues include:

• Rule Enforcement and Maintenance: Problems can arise when the HOA’s rules or maintenance responsibilities are unclear or not consistently followed.
• Financial Management: Disagreements over budgeting, levy payments, and financial management can lead to tension between homeowners and the HOA.

General Property Law Disputes

Property disputes can also happen outside of sectional titles or homeowners' estates. Some common issues include:

• Trespassing: Unauthorised access to a property can lead to conflicts between property owners and trespassers.
• Contractor Issues: Disagreements with builders or developers over contracts, delays, or poor workmanship can lead to disputes.
• Government or Municipal Disputes: Property owners may face issues related to land use, ownership claims, or zoning matters with local municipalities or government entities.

Legal Framework for Resolving Property Disputes

Several legal frameworks in South Africa address property disputes:

• Sectional Titles Schemes Management Act (STSMA): This Act provides guidelines for managing sectional title schemes and resolving disputes between unit owners and body corporates.
• Community Schemes Ombud Service Act (CSOSA): The CSOSA offers a platform for resolving disputes in community schemes such as sectional title schemes or homeowners' associations through mediation and adjudication.

Dispute Resolution Mechanisms

Disputes can be resolved through various methods:

• Internal Dispute Resolution: Many sectional title schemes and homeowners' associations have internal processes for resolving disputes, often involving negotiation or mediation.
• External Dispute Resolution: If internal processes do not lead to a resolution, the Community Schemes Ombud Service (CSOS) offers an independent platform for mediation and adjudication.
• Litigation: If all other attempts fail, parties may turn to the courts to resolve the issue.

Understanding the causes of property disputes and the available resolution options can help property owners, managers, and associations address these issues more effectively. If you need assistance in property-dispute matters, contact us for efficient resolutions.

Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).