THE Pretoria high court has sentenced a Pretoria suburb family to a suspended term of six months imprisonment for refusing to hand over the remote that allow their neighbours access to their carport.
Judge Jan Hiemstra suspended the sentence for three years on condition that that Maria Magdalena Kruse and Aletta Kruse grant Theresa Marie Rossouw access to her double garage.
The Kruses are owners of a panhandle stand with access through a servitude of right of way over the property of Rossouw.
The two families are neighbours in the Rietondale suburb, north east of Pretoria.
The conflict started when Rossouw erected a carport and domestic quarters on the boundary between her house and the servitude area. The only access to the carport is by means of the servitude area. The Kruses have consistently refused Rossouw access to the servitude area.
They also erected a remote-controlled gate at the access to the servitude area. Only the Kruses and the owner of the adjoining property have remote control devices to operate the gate.
Rossouw had obtained the approval of the City of Tshwane municipality for the construction of the buildings, but the angry Kruses applied for a review to have the decision overturned.
They also applied for an interdict to stop Rossouw from erecting the proposed buildings and as well as a declaratory order that they had the exclusive use of the servitude area.
Rossouw then counter-applied and the court ruled in her favour.
But the determined Kruses refused to be deterred, applying for leave to appeal which was dismissed with costs.
Undeterred, they applied to the Supreme Court of Appeal and lost. Still they refused to hand over the remote to the gate.
The Kruses maintained that the buildings were unlawful and must be demolished.
They said a portion of the wall and roof of the domestic quarters encroached on the servitude area by up to 0,467m, a portion of the wall, roof and gutter of the carport encroached by up to 0.546m and the whole of the access ramp to the carport of the encroached on the servitude area.
Hiemstra said the encroachments were minor and did not restrict or hinder the Kruses in their use and enjoyment of the servitude.
He ordered the Kruses to pay the costs of the application.
Neighbours fight over remote control device
THE Pretoria high court has sentenced a Pretoria suburb family to a suspended term of six months imprisonment for refusing to hand over the remote that allow their neighbours access to their carport.
Judge Jan Hiemstra suspended the sentence for three years on condition that that Maria Magdalena Kruse and Aletta Kruse grant Theresa Marie Rossouw access to her double garage.
The Kruses are owners of a panhandle stand with access through a servitude of right of way over the property of Rossouw.
The two families are neighbours in the Rietondale suburb, north east of Pretoria.
The conflict started when Rossouw erected a carport and domestic quarters on the boundary between her house and the servitude area. The only access to the carport is by means of the servitude area. The Kruses have consistently refused Rossouw access to the servitude area.
They also erected a remote-controlled gate at the access to the servitude area. Only the Kruses and the owner of the adjoining property have remote control devices to operate the gate.
Rossouw had obtained the approval of the City of Tshwane municipality for the construction of the buildings, but the angry Kruses applied for a review to have the decision overturned.
They also applied for an interdict to stop Rossouw from erecting the proposed buildings and as well as a declaratory order that they had the exclusive use of the servitude area.
Rossouw then counter-applied and the court ruled in her favour.
But the determined Kruses refused to be deterred, applying for leave to appeal which was dismissed with costs.
Undeterred, they applied to the Supreme Court of Appeal and lost. Still they refused to hand over the remote to the gate.
The Kruses maintained that the buildings were unlawful and must be demolished.
They said a portion of the wall and roof of the domestic quarters encroached on the servitude area by up to 0,467m, a portion of the wall, roof and gutter of the carport encroached by up to 0.546m and the whole of the access ramp to the carport of the encroached on the servitude area.
Hiemstra said the encroachments were minor and did not restrict or hinder the Kruses in their use and enjoyment of the servitude.
He ordered the Kruses to pay the costs of the application.
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