Judges should not be called on to settle disputes over ‘notoriously subjective’ issues of property aesthetics, says Cape Deputy Judge President Jeanette Traverso in a Cape Argus report.

Speaking at a property convention, Traverso said it was a bad idea for courts to venture into this area. ‘As diverse societies in SA mingle, increasingly different building styles are coming to the fore,’ she said. ‘Owners' toes will be trampled on as land and shelter issues increasingly take centre stage,’ said Traverso. ‘These issues would occupy the court as it seeks to find a balance between the rights of the people to shelter, and the rights of property and land owners. Although the law does not permit an owner of a property to use it unreasonably, the courts have drawn the line at purely aesthetic considerations.’ She quoted the finding of a fellow judge who said ‘the trouble with aesthetics, visual or otherwise, is that they are notoriously subjective and personal’ and ‘one person's tastes could form the basis for depriving another person of the right to use his or her property, and nuisance law would be transformed into a licence for the courts to set neighbourhood aesthetic standards’.
Full Cape Argus report