Stormwater issues are a common source of tension between neighbouring property owners, especially where one property sits higher than the other. Understanding your legal position can prevent costly disputes and damage.
In South African law, a lower-lying property must accept the natural flow of rainwater from a higher property. However, this obligation is limited. A property owner may not increase, concentrate, or redirect stormwater in a way that causes harm to a neighbouring property.
In practical terms, this means that every owner is responsible for managing stormwater on their own property. Water from roofs, paving, driveways, or landscaping must be properly collected and channelled into an appropriate stormwater system. It may not simply be discharged onto a neighbour’s property or allowed to accumulate against boundary structures.
A lower property owner must accept the natural flow of rainwater (as it flowed pre-development), but not additional or concentrated volumes from the higher property's alterations, unless a servitude or agreement specifies otherwise.
Where stormwater is not properly managed, and damage occurs, the affected property owner may have legal remedies. These include compelling the neighbour to resolve the issue, and claiming damages for repairs, such as cracked walls or erosion.
From a landlord’s perspective, ignoring stormwater problems can expose you to liability, tenant complaints, and escalating repair costs. Proactive management is essential.
The bottom line: control your stormwater, or it may become your legal problem.
Article written by: Hannelie van Niekerk | Louw & Coetzee Attorneys
021 976 2730 | www.lcproperties.co.za
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