South Africa Law
Ask a South Africa Law Question, Get an Answer ASAP!
Welcome, and thank you for your question.
In property law terms your neighbour's actions are referred to as a "nuisance". If speaking to your neighbour about it does not work, the remedy for a nuisance is to approach the competent Court for an interdict. The requirements for an interdict are relatively straightforward: it is up to you, the applicant, to allege and prove
Giving a clear history of events will go a long way towards meeting the above requirements.
The law of nuisance is actually quite well developed here in SA, and there is a wealth of precedent upon which you will be able to rely. The Court will likely have to balance the respective rights that you and your neighbour rely on and make an order that is fair under the circumstances. The fact that raising the chimney is a relatively simple and cost-effective solution to the problem will weigh in your favour.
Ideally, you should instruct an attorney in your area to represent you in respect of the application for an interdict as the process may become somewhat technical. The cost, I'm afraid, is difficult to predict as it may vary from one attorney to another and also whether the neighbour opposes the application or not. A rough estimate would be somewhere between R20 000 and R50 000. There is of course the possibility that if the court grants the interdict, it will also order the neighbour to pay your legal costs (or a substantial portion thereof).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).