Petropulos and Another v Dias

The parties owned adjoining properties on a steep slope in Camps Bay, Cape Town. The respondent’s property, situated uphill, had an existing house built in 1994. In 2008 the first appellant, whose downhill property was still undeveloped, undertook extensive excavations to prepare for construction of a house, including multiple tiers and retaining walls. During and after these excavations, the slope subsided and the respondent’s land and house moved laterally and downward, causing extensive structural damage. The respondent alleged that the excavations removed lateral support and sued the appellants on the basis of strict liability for breach of the duty of lateral support.

The appeal was dismissed with costs. The appellants were held jointly and severally liable, and the order of the Western Cape High Court was confirmed.

This judgment authoritatively clarifies South African law on lateral support by rejecting English law limitations and confirming that the duty extends to buildings as well as land. It reinforces neighbour law as a system grounded in fairness, reciprocity and strict liability, and overrules earlier cases that had imported English principles. The case is now a leading authority on lateral support in South African property and delict law.