boundary walls responsibility

Privacy policy Most property damage claims against an old collapsed retaining wall would be rejected by an insurer for being gradual deterioration. Generally, the walls and fences that surround property and fields are erected and maintained by the land owner. They are expected not to encroach onto the property of their neighbour. There are various notions that the way a wall or fence is constructed indicates ownership, for example that the posts and arris rails of a fence are on the owner’s side. The boundary wall generally runs right down the boundary of yours and your neighbour’s property, unless there is an obstruction that needs to be considered and then yourself and your neighbour have to negotiate a way around it. They have a mutual interest in ensuring that the land on and around the common boundary of their properties is stable and that necessary remedial works to replace a retaining wall are carried out in a safe manner with a view to protecting the integrity and stability of both properties. There may be circumstances where a retaining wall has been constructed on the boundary that retains … While neighbouring property owners are bound co-owners of the wall, the wall belongs to each owner individually. This means that the wall provides each property owner with a tacit servitude of lateral support against the other owner. However, if one owner replaces the existing fence with an expensive one, the other owner doesn't have to contribute to any costs. Retaining walls are usually the responsibility of the owner on whose property the wall is erected. Know your rights: Boundary walls As a property owner, you are entitled to enjoy, use, consume, convert, alter, destroy or sell your property and what the land produces in any way you please within the limits of state and local authority regulations, provided you do not interfere with the legal rights of others, including your neighbours' rights to the same enjoyment of their property. Event Calendar The responsibility of property owners. They are erected to The maintenance of a retaining wall is the responsibility of the property owner whose land the retaining wall benefits. Deeds may contain covenants to maintain a wall or fence, but on their own such covenants do not confer ownership. Just call 07 3323 3666. Employment & Labour Law There is an existing retaining wall and fence, the fence in need of repair and indeed a part of it is asbestos. By Zerlinda van der Merwe. Our team of leading real estate attorneys offer legal assistance with regards to the duty of lateral support, nuisance and encroachment in Johannesburg and Cape Town. It is always recommended to keep the lines of communication open with your neighbours where possible, but should your neighbour not comply you can issue a notice to fence or take the issue to the magistrates for a resolution. Responsibility for the retaining wall depends on who built it and for what purpose. 2/36 Peterkin Street Acacia Ridge,Brisbane QLD 4110, The 3 benefits of RenderSmart residential fencing, Boundary walls, where your responsibility starts and ends, 3 benefits of a ready-to-install sun hood. If the integrity of the boundary wall is at risk, both neighbours are liable for the damage if it was not caused by one person. Webinars The nature of a boundary wall is determined by its location on the boundary line between two properties. Civil Litigation & Debt Collection Without proper boundaries, neighbouring properties face encroachments, such as overhanging branches, structures and tree roots. When it comes to a boundary wall, both neighbours are responsible for the upkeep, maintenance and integrity of the wall. There may be circumstances where a retaining wall has been constructed on the boundary that retains fill on one property and cut on the neighbouring property. However, you cannot rely upon this as an accurate measurement to determine the boundaries. Retaining walls on property boundaries. Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us. Although the law on boundary walls/fences is relatively straight forward, the issue of ownership or maintenance, in practice, is sometimes a difficult and sensitive issue. If your title documents are not conclusive, it is worth checking your neighbour’s. Property Law & Sectional Title, Documents Downloads The boundary wall, as you describe it, and as indicated by your photographs, is indeed dangerous. When land is sold the boundary may be based on Ordnance Survey field lines. Ficksman, 42 Mass. The owner is responsible for repairing the wall or bank and clearing the ditch. A seemingly minor disagreement can quickly become a full-scale boundary dispute inv Attorneys Cape Town Where the ownership or responsibility for Boundary walls and fences designate the dividing line where one property ends and another begins, and further designates the responsibility relating to these properties. However, if one owner replaces the existing  fence with an expensive one, the other owner doesn't have to contribute to any costs. Responsibility for boundary walls and fences By Zerlinda van der Merwe Boundary walls and fences designate the dividing line where one property ends and another begins, and further designates the responsibility relating to these properties. The same applies to any wall that forms part of a house, garage, or other building. Training Portal Boundaries can be erected entirely on one property, forming part of the land belonging to that property owner. Newsletters There is no general rule about whether you are responsible for the boundary fence on the left or right or rear of the property. Office COVID-19 Readiness Guidelines. Boundary Walls A wall that is used to separate two parcels of land may wholly belong to the owner of one of the parcels of land and be built entirely upon that owner's land. Responsibility for boundary walls and fences. Boundary walls and fences designate the responsibilities relating to the adjoining properties. Unless modern records are available to indicate definite responsibility, it is necessary to determine for whose enjoyment or benefit the wall was built. Should one party damage the fence, it is their responsibility to restore the fence. The responsibility for establishing which property owner is responsible for which fence is up to the discretion of the original landlord who’s divided his large property into smaller land plots. Marriage & Matrimonial Property Boundary structures are fences, hedges, garden walls or any other physical feature which act to separate one property from another. Both owners are equally responsible for the repair and maintenance of the wall or fence. These indicate the centre of a wall or bank rather than the true legal boundary, and to avoid later dispute the actual boundary should be determined before purchase. Copyright 2021 by Van Deventer & Van Deventer Incorporated, Sectional Title Repairs and Replacements: What the property lawyers have to say, Boundary walls & fences: The responsibility of property owners, Child Custody in South Africa – Frequently asked questions, Business Rescue Process Flow - A Comparison. Ct. 113 (1997), where although the retaining wall at issue was located partially on defendant’s property, the Court declined to impose a duty to maintain the wall, noting that, For all that appears, it was the owner of the [plaintiff’s] lot who altered the natural topography and built the retaining wall. It is not determined by the intention of the neighbouring property owners at the time that the wall was erected. Both property owners enjoy the boundary wall or fence, provided that it does not affect the other owner. Alternative Dispute Resolution Still, more often than not, the boundary fence or wall forms the general legal border between two land plots. This means that one owner cannot make changes that affect the wall as a whole, without the other owner's consent. Without proper boundaries, neighbouring properties face encroachments, such as overhanging branches, structures and tree roots. Legal Articles & News However, it is generally erected on the physical boundary between the two properties. Each owner is responsible for maintaining their half of the wall, and can prevent changes that compromises it's structure. The neighbours R/wall is set wholly within their property aligned with its leading edge abutting the boundary line. Even if the collapse happened during a storm with water build up behind, the storm would likely be seen as the final straw for a gradually deteriorating wall, rather than the event that caused the collapse. With any question about boundary responsibility the first place to look is the Land Register/deeds. @ Poly Tek Australia Pty Ltd. All Rights Reserved. Under the legislation, a retaining wall does not fall under the category of a dividing fence, even if it is on the point that separates two properties. Divorce Lawyers & Family Law likely that there will be a reasonable scale plan showing the garden boundaries. The boundary fence debate is a common one in Brisbane and Australia-wide. Boundary walls, where your responsibility starts and ends The boundary wall generally runs right down the boundary of yours and your neighbour’s property, unless there is an obstruction that needs to be considered and then yourself and your neighbour have to negotiate a way around it. With regard to the ownership of stone wall and responsibility for its maintenance, he declared that the wall at the southern boundary of the churchyard was owned by the First Petitioner, being within the churchyard and therefore part of the incumbent’s freehold. Boundary walls and fences maintain the harmonious relationship between property owners, and determines the dividing line where two properties meet. Get the latest updates in your email box automatically. Both neighbours remain responsible for anything they do that undermines the structural integrity of the retaining wall, though. To find out whether you or your neighbour is responsible for repairing or replacing a wall or fence along the boundary between you, first check your own title documents – there may be an indication there, though it is very common for there not to be. A boundary wall or fence is common property of both neighbours if it runs along the boundary line, however if it is built on one neighbours’ property, the fence or boundary wall belongs to the person’s whose land it sits on. Boundary Walls Should be Built with Caution Bond & Transfer Cost Calculator, Terms of Use Both owners are equally responsible for the repair and maintenance of the wall or fence. If it is a bit of both to level a sloping site (cut and fill) then the wall is normally on the boundary and shared 50:50 Poly-Tek Australia are based in Brisbane, we have a range of boundary walls to suit a variety of needs. If the neighbour raises their garden they are responsible for preventing the raised ground slipping over the boundary with a wall on their side. Who is responsible for maintaining a retaining wall? For the purposes of managing and assessing proposals in terms of their “new” policy, the City defined a boundary wall or fence as “any wall, fence or enclosing structure erected on or next to a property boundary and any other structures (including but not limited to security devices, for example spikes, ele… For properties on housing estates, for instance, it is common … Without these walls and fences forming the boundary line, neighbouring properties are Without these walls and fences forming the boundary line, neighbouring properties are often faced with encroachments, such as overhanging … There are 2 very important details that you need to be aware of, which are discussed more fully below: The Land Registry does not decide who owns/is responsible for boundary structures; and Often boundaries are not marked out in terms of precise measurements. Since a fence or boundary wall is a joint asset, it should be equally funded by both parties, however if one neighbour wants more work down than is necessary for a boundary wall that party pays the additional costs. Whilst a boundary wall is on your property, as it backs onto your neighbour’s property you cannot do anything without going through the right channels. But then, who does decide which party is responsible? Who is responsible for it and what negotiating power do we have?' PAIA About your property boundaries, working out your boundary lines, boundaries and neighbour disputes, agreeing who's responsible for walls and fences Boundary walls and fences designate the responsibilities relating to the adjoining properties. Any work that is carried out on the boundary wall must be discussed with your neighbour. Attorneys Johannesburg, Conveyancing Services Where the ownership or responsibility for the maintenance of a boundary cannot be determined, it should be regarded as a party boundary and any alteration/replacement should only be done with the full agreement of the adjoining owners. Boundary wall maintenance. With respect to boundary walls, there is a presumption made that the wall builder will ensure that the outer element of their wall be placed no further than the outer level of their land. If your property is registered at the Land Registry you can obtain what is called an ‘office copy’ comprising a title plan and register details. Notary Public & Notarial Services Contact Van Deventer and Van Deventer Incorporated, if you have any queries related to the boundary wall or fence on your property. Estates, Trusts & Wills A retaining wall is often found between properties where the ground is at different levels, and: 1. Retaining wall systems can be built on property boundaries, but only with mutual consent. You state that your engineer has confirmed that it’s … Boundary walls and fences maintain the harmonious relationship between property owners, and determines the dividing line where two properties meet. The Land Registry Title Plans are always to scale. When owners acquire a wall, they use their part of the wall as they wish, as long as it doesn't affect the stability of the wall. Sunshine Coast Council The maintenance of a retaining wall is the responsibility of the property owner whose land the retaining wall benefits. However, if the whole wall requires strengthening, the consent of the other owner is required. Fire Rated Fencing Rendered Fencing Retaining Walls, Fire Rated FencingEstate Fencing Noise Barriers External Cladding Non Slip Coatings, Letterboxes Sun Hoods Non Combustible Cladding Rendersmart EstateTek FlameTek™ FlameWave™ MetecnoBarrier™. A property owner can build on their half of the wall, if it is strong enough to bear the additional burden. If it stands upon (or rather, astride) Whether you just want a boundary wall to mark your property, or a sound proofing wall to increase privacy and security, we have a solution for you. There is, however, no legal foundation for such beliefs. Thereof, who is responsible for repairing a boundary wall? This may set out whether a specific party has responsibility for that structure including retaining walls. App. Deeds may contain covenants to maintain a wall or fence but on their own, such covenants do not confer ownership. Boundary responsibility is always mentioned in the Deeds and if it is not then they are party boundaries. A retaining wall is a structure to support or hold back earth.

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