If your local authority fails to maintain the verges and a verge fire destroys your property you can sue
FIRES
Sidewalk grass fires : Do you have recourse ?
If your local authority fails to maintain the verges and a verge fire destroys your property you can sue
While you may have taken care to prepare your plot for the winter fire season , what happens if your local authority neglects to do the same to the verges that surround you , allowing the grass to remain uncut ? And what happens if the said uncut verges catch fire , and that fire jumps you firebreak , burns out your field and , let ' s say , burns down your barn or , worse , your house ? For , the National Veld & Forest Fires Act is quite clear on this if a property owner ( or occupier ) neighbour should neglect to carry out his responsibilities with regard to fire prevention , and a fire spreads from his property to yours . If you have made “ reasonable preparations ” of firebreaks etc , and have taken “ reasonable precautions ” to prevent the fire from spreading , including the “ reasonable ” provision of equipment and personnel ~ in other words if you have done your bit in terms of the law ~ and a fire from a neighbour ' s land destroys your property , you have a very good chance of winning a claim against him . But what happens if the negligent party is a municipality or a local authority ? The good news is you have a claim against the authority in much the same way that you do against an individual . Leading environmental legal expert Douw Venter explains : “ The pillars of our
law on delict stand on the omissions ( failure ) with regards to mandate of municipalities . Municipalities which fail to maintain their streets , for instance , are responsible for consequential damage and or injuries which can be related to the poor conditions of roads ( potholes , etc ). “ Municipalities who fail to properly treat their drinking water can be held responsible for disease related to such water . There are many examples . “ Municipalities are legally obliged to maintain their roads , sidewalks and parks and are responsible for consequential damage as a result of fire damage to property or lives . “ Where fire spreads from a sidewalk where the grass was not cut resulting in your house burning down , the municipality is , in terms of our law on delict , responsible for such loss . “ There is much case law confirming this .” However , Venter points out that the case would need to be fought in the High Court , and litigation is expensive , with no guarantee of a successful outcome .
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