Page 86 - Q&A 2019/2020
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is obtained to use the property for another purpose than what it is zoned for.
Even if such consent has been obtained but the restrictive condition remains in
place on the title deed, the use of the property will still be unlawful if it is not in
line with the restrictive condition on the title deed, at least until such condition
has been amended or lifted.
So in your case, it does appear that if the businesses are operating from
residential properties, there could be grounds to bring an interdict to stop such
businesses should they be in conflict with either their title conditions and/or
zoning. My advice is to contact your attorney and determine whether there
are grounds to bring an application against these businesses. You may even
consider involving some of your neighbours who are also concerned about the
businesses opening up in you neighbourhood.
If you are faced with a situation where you live in a residential area and
businesses are opening up around you, consult an attorney to assist with the
appropriate action.
80 Litigation