Boundary fuss between ‘me and mi neighbour’
HELLO READERS. This week I will respond to another of your questions. Hello Sir,
I am living in a scheme, it’s not gated nor is it a strata. There is a culvert that separates my property from my neighbours.
I have a piece of land behind my property, and my neighbours also have a piece of land behind their property, but mine is bigger.
My neighbours plant on their property up to the edge of the culvert that separates us, with the trees hanging over on to my property, and when I speak to them about it they get upset.
One neighbour even complained that I burn garbage and scorched up her trees. I told her that I was burning on my property and she needs to keep her trees on her property so they do not get scorched.
These neighbours are a nuisance to me. I am tired of them.
What’s your view on this situation?
– Unhappy Neighbour Hello Unhappy Neighbour,
As you have explained your situation to me, I can advise you on a means of solving the problem as it relates to where your property ends.
You need to contact a commissioned land surveyor to do what is called a boundary reopening and repegging.
The boundaries of your property are, determined by the measurements on your title plan or the deposited plan for the scheme.
These are fixed positions that are normally marked by an iron peg or some other permanent mark, as described on the plan.
This being the case, a commissioned land surveyor can come in and, based on the plan, conduct mathematical computations and actual field observations so as to replace your boundary marks in their original positions, as stipulated on the title plan.
When the surveyor does this it will determine where your boundaries are and then you can determine if the neighbour’s tree is on your property or if where you burn your garbage is actually your property.
I will recommend that after the commissioned land surveyor has replaced the pegs, you erect a fence between yourself and your neighbour if your restrictive covenants allow you to do so.
I want to now advise all readers who own property to please take care of your boundary marks.
When your pegs are not protected and they become dislodged from their location, or they are removed, then problems will arise between you and your neighbour as the location of your boundaries can be called into question.
So always protect the boundary pegs. You can always place concrete around the pegs to make them more sturdy and permanent. I also advise that you erect a fence to prevent a squabble over your property line between you and your neighbour.
For those people who live on large properties, or in rural areas where the lots are much larger than in urban areas, and the costs to erect a fence may be prohibitive, I suggest that you plant trees, or particular plants, at the boundary pegs, so that they can be easily found and known by all parties concerned with the property.
Finally, I suggest to all property owners please, when erecting a fence, especially a concrete wall, do not remove the boundary pegs to excavate the foundation. Always try to leave the boundary marks intact.
Unhappy Neighbour, I hope this answers your questions.
Keep sending your questions and comments and let’s continue to explore
A Matter of Land. Until next time, traverse well.