Kotzé and Boggenpoel, ‘Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution’

ABSTRACT
The Covid-19 pandemic, with its concomitant ‘stay at home’ catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and with different rights and interests are restricted to the boundaries of their properties as a result of the Covid-19 pandemic. The pandemic has provided us with the impetus to reflect upon the notion of ‘reasonableness’ in neighbour law, particularly nuisance law in the narrow sense. In this context the role of neighbour law is ordinarily to regulate the relationship between neighbours. Therefore, neighbour law is crucial in that it resolves conflicts that arise between neighbours due to their everyday use of their properties …

Tina Kotzé and Zsa-Zsa Boggenpoel, Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution, Potchefstroom Electronic Law Journal (PER/PELJ), 24, 1-32, 2021, https://doi.org/10.17159/1727-3781/2021/v24i0a11169.

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