Redelinghuis v Bazzoni 1976 (1) SA 110 (T)

Redelinghuis v Bazzoni 1976 (1) SA 110 (T)

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.

Facts:

Redelinghuis owned a property with a view of a valley. Bazzoni owned a neighboring property, and he decided to erect a fence on the boundary of their properties. The fence would have obstructed Redelinghuis's view of the valley.

Redelinghuis brought an action against Bazzoni for an interdict to prevent Bazzoni from erecting the fence. Redelinghuis argued that he had a right to the view from his property, and that Bazzoni was not entitled to obstruct his view.

Bazzoni argued that he was entitled to erect a fence on his own property, and that Redelinghuis had no right to the view from his property.

Key Facts:

• Redelinghuis owned a property with a view of a valley.
• Bazzoni owned a neighboring property, and he decided to erect a fence on the boundary of their properties.
• The fence would have obstructed Redelinghuis's view of the valley.
• Redelinghuis brought an action against Bazzoni for an interdict to prevent Bazzoni from erecting the fence.
• Redelinghuis argued that he had a right to the view from his property, and that Bazzoni was not entitled to obstruct his view.
• Bazzoni argued that he was entitled to erect a fence on his own property, and that Redelinghuis had no right to the view from his property.

Court's Decision:

The Transvaal Provincial Division (TPD) held that Redelinghuis was not entitled to an interdict to prevent Bazzoni from erecting the fence. The TPD reasoned that a landowner has a right to use his property as he sees fit, and that this right includes the right to erect a fence on the boundary of his property.

The TPD also held that Redelinghuis did not have a right to the view from his property. The TPD 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 TPD applied the law to the facts of the case and found that Bazzoni was entitled to erect the fence on his property, even though it would obstruct Redelinghuis's view.

Conclusion:

The TPD's decision in Redelinghuis v Bazzoni 1976 (1) SA 110 (T) 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 landowners have a right to use their property as they see fit and that this right includes the right to erect a fence on the boundary of their property.

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