Disputes surrounding boundary walls in
residential and commercial areas are one of the most controversial topics
facing homeowners. These relate to the location of the boundary between the two
properties, or when trees or plants encroach on or overhang the other property,
or when the wall (or work done on it) causes a nuisance or a threat to the
neighbouring land, or when the wall diverts the
natural flow of water or obstructs the neighbour’s view or access to light.
A boundary wall is
generally defined as “any wall erected on, above or over the physical boundary
between two properties, so that they stand on or occupy space at least
partially on both properties”.
If you decide to
build a wall or erect a fence on the boundary, you may do so provided it is on
your property. And this includes the foundations which, of course, will be
wider and longer than the wall itself. The structure will then belong to you.
Usually, however,
neighbours agree to share the costs of boundary walls, in which case ownership
is also shared. In the absence of proof that a boundary wall is wholly on one
or other property, ownership is usually presumed to be shared. Some local
authorities state that each side is then owned by the property owner on each
side; others say that the wall is owned jointly. If ownership is shared, either
way, neither owner may do anything to the wall – i.e. they may not raise it,
lower it or break it down – without the other neighbour’s permission.
If the structure is
damaged in any way, both must share the cost of repair. Both neighbours are
obliged to contribute to reasonable and necessary costs of repairs or
maintenance of the wall. If the wall is damaged by natural forces such as wind
or fire, either neighbour can repair or restore it, and the other party is
obliged to make a reasonable contribution to the cost of repairs or replacement
of damaged or destroyed party walls, if it benefits her as well. She won’t have
to contribute if her neighbour decides to replace the existing wall with a
better or more expensive one. Obviously, one neighbour cannot do anything that
may affect or compromise the overall stability of the wall.
Municipalities
require that:
• Solid boundary
walls may not be any higher than 1.8 m on street boundaries, and no higher than
2,1 m on lateral boundaries.
• Palisade-type
fences may not be higher than 2.1 m on either street or lateral boundaries.
• Fences may not be
higher than 2,1 m on street boundaries.
