A Matter of Land | Why am I in breach and my neighbour is not?

Good day, readers. This week we respond to another reader's question.

Good day Mr Francis,

I have a problem that I would like your help with as its causing me some amount of consternation and a little bewilderment.

I live in a community in St Catherine and I recently had a surveyors' report done at my property to get a loan however the surveyor's report done. It showed that I had a breach of a restrictive covenant in that I was closer than the required distance to the front boundary.

However, my neighbour did a similar report before me and her building has a driveway that she built that's right to her front wall and her surveyor's report showed no breach.

Her carport is made of aluminium posts and galvanised decorative zinc as roofing; mine is concrete.

Why did I breach and she didn't, and how do I fix my breach?

- GW.

Good day GW,

First, I can tell you why you were in breach and your neighbour was not. You have, by your own admission, a concrete building within the restrictive distance from the front boundary, so evidently you are breaching the restrictive covenant of how close you can be to the boundary.

The difference with your neighbour is that what she has erected is considered as a temporary structure, so unless the restrictive covenant specifically states no temporary structure, that is allowed.

The restrictive covenant normally says no building or permanent structure shall be erected within a particular distance from the registered boundary. So while your building is not as close to the boundary as the neighbour's carport, because her structure is not permanent and yours is, you are in breach of the restrictive covenant.

That's all we have space for this week. Next week I will tell how you can fix this breach.

Keep sending your questions and comments and let's continue to explore A Matter of Land. Until next time, traverse well.

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or Precision Surveying Services.