Love Thy Neighbour - Property Boundary Matters
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Love Thy Neighbour - Property Boundary Matters
Often at times municipalities are approached by disputing parties with regards to complaints relating to boundaries on their properties. This usually happens in residential than commercial properties, where neighbours accuse each other of going beyond their lawful property boundary and penetrating into the other’s property.
Topics covered in this article:
1. Boundary Walls Law South Africa
2. Boundary Wall Specifications South Africa
3. Boundary Wall Regulations
Boundary Walls Law South Africa
Some of the disputes end up in the Courts and be subject to litigation running into high amounts of attendant fees, especially where Interdicts to stop building and Orders to demolish are sought.
However, if parties would be more careful when they demarcate their property boundaries or developing buildings thereat, such disputes would be less frequent. This is because whenever an area is zoned and marked for a residential scheme, each property’s boundaries are pegged and clearly marked.
Thus, any development on each property must then observe these markings so as not to encroach into the property of a neighbour.
Boundary Wall Specifications South Africa
Further to observing boundary demarcations, buildings on each property should also adhere to prescriptions of the National Building Council whose regulations provide that the minimum and maximum height of walls must be 1.5 metres and 2.4 metres respectively.
Also, any wall that is higher than 1.8 metres must get special approval from a Structural Engineer. Should the property specifications differ from the aforesaid, the local Municipality must grant permission as there are various factors that must be considered.
Boundary Wall Regulations
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