Legal assistance with neighbourhood conflicts | Legal aid centre

Questioner

Good day, Our backyard borders a strip of land owned by the municipality. This municipal plot is partly provided with vegetation. Now, since 2008, we and other residents have an agreement for the use of this land. However, this is on the condition that we are not allowed to use this plot as our own garden in the sense of construction, etc. Unfortunately, our neighbors use this land for uses that I believe are not permitted. Vandalism is being committed to the green areas and there is a garden shed on it. The land is also used as a back entrance to our garden, which means we no longer have any privacy and unfortunately it is not allowed to put up a fence. Is there anything that can be done legally about this so that we can have our peace and privacy?

Lawyer

It is always best to try to discuss the problem with the neighbours. If that does not work, neighbourhood mediation or the local police officer can play a role. If you are unable to resolve the matter in this way, it is possible to inform the municipality of the use of municipal land by the neighbours in a manner that is probably in conflict with agreements made. Sometimes, an appeal can also be made to the zoning plan: the zoning plan does not always permit the use of public green areas as gardens. The municipality can, if necessary at your request, take enforcement action against this.

Questioner

Thank you for your response. We have discussed the matter several times with neighbours without any result, so we have filed an objection with the municipality, for which we are now awaiting a response.

Lawyer

Thanks for the information, good luck and if it comes up you know where to find me.