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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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what is the law in Gauteng regarding water from the neighbour

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what is the law in Gauteng regarding water from the neighbour that is not storm water /rain. The front of the house is paved so there is nowhere for the water to go so they have dipped the driveway so that the water runs onto my property. I have had oily water, soapy water from washing cars and detergent from cleaning oil off the driveway come onto my property and al while the sun is shining. This water drains right across the entrance to my house and as I don't know about it my dogs bring in muddy mess as I don't know when they will next wash their car etc.
Welcome, and thank you for your question.

Our law is clear on this - where the flow of water concerned is the natural flow of water the owner of the adjoining property is obliged to allow the water to flow over his property.

However, where the flow of water is no longer natural - if the source of the water is man-made or the route that the water flows is no longer the natural route and has been changed by human intervention - the owner of the adjoining property has no such obligation to allow the water to flow over his property.

Typically, in township areas, as in your case, where the properties have been developed the flow of water will no longer qualify as being natural and the adjoining owner will have no obligation to allow the water to flow over his property.

However, if a friendly discussion with your neighbour does not render the desired results, you will have to resort to the courts to apply for an interdict against your neighbour to compel them to make another plan with their water.

Yours faithfully,
Mike Otis and 2 other South Africa Law Specialists are ready to help you
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Yours faithfully,