Barking up the wrong tree?
2009-10-29
FOR all practical reasons I grew up in Paarl. Many a time I have had the option to relocate, and every time I declined, due to loving every single thing about living here. I grew up in a lovely main street property with no real neighbours save for the odd business that came and went next door. When it was time to spread my wings; I got married and we moved into a real white picket fence neighbourhood (Vrykyk). And there I came to learn the concept of neighbours. I soon got used to hearing someone else’s Sewende Laan intro and enjoying the music of the neighbour’s braai, even the end of the month late night “kuiertjies” and emotional greetings afterwards did not bother me. I even became accustomed with the odd turd left on our front lawn by the elderly couple’s four legged friend. It was all reasonable and foreseeable within the concept of a neighbourhood. I soon came to learn that it is easy to live with neighbours. It is all about the golden rule, before you do something, including complain, ask one question; “In all reasonableness, what would you want them to do”? As is human nature, there is one big “but” to this seemingly perfect neighbourhood. People seem to think that the grass is greener on the other side. And in our case it is true due to the lovely big tree in our front garden providing shade as protection against the well-known Paarl heat. As all people who respect their hard earned money, I park my car under the shade of the tree, after all I do endure all the cons of maintaining the tree, so surely I can reap the benefits? However, a strange phenomenon has started to occur: in the time it takes me to buy the Sunday newspaper, neighbours will park right in front of my house. At first I thought to leaf the root old oaks alone, as they had the courtesy of leaving enough space for myself and my guests to at least park in front of my own house. The problem came when one car became two, three and a quick coffee became an all day event and heavy greeting right in front of my house and bedroom window, often at late (early?) hours. You might say just walk over, leave a note, explain to them that you don’t mind sharing the benefits; it is just that you moved your car less than five minutes ago in order for your soon arriving guests to also benefit from the tree. I did all the above, the answer: it is a public road, live with it. So, if I am barking up the wrong tree, what’s the point of my letter? Simple: all I wish to say to all seemingly law-abiding neighbours is, your rights are only protected up to the point where it infringes on someone else’s right. Therefore, next time, before you quote your very clear rights; maybe go and read up on a concept as old as time, namely the neighbour and nuisance law which provides some rights to individuals using so called “public/common areas”. All is based on reasonableness. Kind regards. Your neighbour
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