Concor Holdings (Pty) Ltd t/a Concor Technicrete v Potgieter 2004 (6) SA 491 (SCA)

Concor Holdings (Pty) Ltd t/a Concor Technicrete v Potgieter 2004 (6) SA 491 (SCA)

Issue: Whether a landowner is entitled to an interdict to prevent a neighbor from erecting a fence on the boundary of their properties if the fence will obstruct the landowner's view.

Key Facts:

• Concor Holdings (Pty) Ltd t/a Concor Technicrete (Concor) owned a property with a view of a valley.
• Potgieter owned a neighboring property, and he decided to erect a fence on the boundary of their properties. The fence would have obstructed Concor's view of the valley.
• Concor brought an action against Potgieter for an interdict to prevent Potgieter from erecting the fence. Concor argued that it had a right to the view from its property, and that Potgieter was not entitled to obstruct its view.
• Potgieter argued that he was entitled to erect a fence on his own property, and that Concor had no right to the view from its property.

Court's Decision:

The Supreme Court of Appeal (SCA) held that Potgieter was entitled to erect the fence on his own property, even though it would obstruct Concor's view. The SCA reasoned that a landowner has a right to use his or her property as he or she sees fit, and that this right includes the right to erect a fence on the boundary of the property.

The SCA also held that Concor did not have a right to the view from its property. The SCA reasoned that a view is not a property right, and that a landowner cannot prevent a neighbor from erecting a fence on their own property, even if the fence obstructs the landowner's view.

Application of the Law to the Facts of the Case:

The SCA applied the law to the facts of the case and found that Potgieter was entitled to erect the fence on his own property, even though it would obstruct Concor's view.

Conclusion:

The SCA's decision in Concor Holdings (Pty) Ltd t/a Concor Technicrete v Potgieter 2004 (6) SA 491 (SCA) is a significant case because it clarifies the law relating to the rights of landowners to erect fences on their properties. The decision emphasizes that a landowner has a right to use his or her property as he or she sees fit, and that this right includes the right to erect a fence on the boundary of the property.

The decision also emphasizes that a landowner does not have a right to the view from his or her property. A landowner cannot prevent a neighbor from erecting a fence on their own property, even if the fence obstructs the landowner's view.