Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Others

The first appellant owned a residential property adjacent to the fairway of the sixth hole of the Milnerton Golf Club. After occupation, the appellants experienced a very high incidence of badly hit golf balls entering their property, despite erecting a 4.7-metre safety net. Between 2003 and 2006, approximately 875 golf balls landed on the property, posing risks to safety and property. Expert evidence from both sides agreed that the sixth hole presented a safety problem. The appellants sought an interdict to prevent use of the hole until effective safety measures were implemented. The High Court dismissed the application, finding no unreasonable interference. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order granting an interdict preventing the use of the sixth hole until the golf club implemented a barrier system as proposed by its expert. The operation of the interdict was suspended for one month to allow implementation.

This case is a leading South African authority on nuisance and neighbour law in the context of sporting facilities adjoining residential properties. It clarifies that even long-established and lawful land uses may constitute an actionable nuisance where harm exceeds what neighbours can reasonably be expected to tolerate, and it confirms that courts may compel reasonable remedial measures rather than prohibit the activity entirely.