August 14, 2023
Your fence is not your property boundary!
Your wall is not your legal boundary. A wall or fence is a physical structure that is used to mark the boundary between adjoining properties, but it is not equivalent to the legal property boundary. Apart from making sure that the wall or fence is compliant with local by-laws and has approved plans, a fence or wall needs to be positioned correctly.
Do you know, for certain, where your property starts and ends?
Many property owners are not certain about the legal position of their property beacons. This means that it is quite possible to erect a wall or fence in the wrong place. And most contractors and walling experts will not require a property owner to provide proof of the correct position of a wall – they will erect the wall wherever the client has asked for it to be placed.
Incorrect boundaries can cost you!
When building a wall or fence, property owners risk being embroiled in a dispute with their neighbours. A recent article in Businesstech highlighted some of these challenges.
Placing a wall or fence in the wrong position creates numerous challenges. Not least of these is that, over time, an encroaching neighbour could claim that property, and deprive you of land which you bought and for which you have paid pay rates on!
NPM Geomatics recently discovered that the walls on both sides of a property where incorrect by 1 to 1.5 metres on each side. These encroachments were depriving the land owner of nearly 100 square metres of their land. These types of boundary deviations can have a significant impact on whether or not you are able to further develop your property. And, developing on property that is not your own carries significant risk. Not only were this owner’s boundaries reducing the size of his property, he was also encroaching into the road reserve by nearly 1 metre! Which is also risky, as explained in the following story.
Another recent client asked NPM Geomatics to confirm the boundaries after he had purchased a property. The survey revealed that the seller had built over his boundary in 2 places. One of the boundaries was the street frontage, resulting in the building having to be partially demolished. The second encroachment required the subdivision of the adjacent property and consolidating to the purchaser’s property. All this at the cost of the seller!
Know your property boundaries
Buyers beware! NPM Geomatics recently was asked by a buyer to confirm the boundaries of a property, as the walls did not “make sense”. It turned out that 40 years ago, the neighbour had secured a right of servitude over the property, in order to build a swimming pool between the house and the servitude boundary. The seller had no knowledge of this, and had been paying rates on property which was being used by the neighbour!
Who can legally determine my property boundaries?
In South Africa, a professional land surveyor (PLS) is the only property professional who is legally mandated to determine and establish the position of property boundaries.
Therefore, before constructing a wall or fence, extending your existing building towards a boundary, or when buying or selling a property, always consult a professional land surveyor for assistance.
Often other categories of surveyor (especially those who call themselves land surveyors but are not registered with a PLS or GPr LS number) will offer to determine the position of property boundaries for unsuspecting clients. And some even provide signed “beacon certificates”. However, a beacon certificate signed by anyone, other than a professional land surveyor, is meaningless and has no legal standing.
If in doubt, always ask for their professional SAGC registration number. A professional land surveyor’s number will either start with PLS or GPr LS. Or consult the SA Geomatics Council and search on Members/Professional/Land https://sagc.org.za/3memprofsurv.php
Remember, It is essential to consult a professional land surveyor to determine the precise legal property boundary rather than relying solely on the presence of a wall or fence.
