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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2482
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I have a game farm in South Africa. I have now fenced myself

Customer Question

Hello,
I have a game farm in South Africa. I have now fenced myself out from my neighbours. They are requesting a game count and game split for the game which used to roam freely on the 3 previously unfenced properties.
My property being better maintained has a better carrying capacity and probably more game on it, so I do not want to do that. Are they within their rights?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

If they want to claim that any of the animals belongs to them, they will have to be able to identify the specific animal as their property. If they are not marked in some way, they will not be able to prove that it is theirs.

If the animals roamed free on the three unfenced properties previously it is the landowner's animal on whose land it is found at any given time. If it jumps the fence to the neighbor then it belongs to him.

So in short my answer is no, they cannot demand that you split the animals with them.

I hope this answered your question.

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Regards