A Matter of Land | Owning my piece of Jamrock

Everyone wants to own their little piece of the rock, and with that said, they need the services of one of the oldest professionals – a land surveyor. Land surveying is one of the world’s oldest professions as man has had the need to demark his boundary and property from the very beginning of time.

This week, we will look at what is required of you when you are buying a property. The first thing that you need to ascertain is if there is a title available for the property to be purchased. The title will tell who is the owner of the property you are about to purchase. If you are getting a loan from a lending agency to purchase the property (land only or building), there are certain reports that they will require to help them to asses and determine if they will grant the loan against the property. You will require a valuation and surveyor’s identification report.

Surveyor’s ID Reports

The valuation report speaks to the approximate value of the property and is subjective and varies according to the valuation surveyor. The surveyor’s identification report is the document that guarantees that the land is the land described on the title; that the boundaries are in place; and there are no breaches in the restrictive covenants; and that there is no encroachment of the property on any other property or any other property encroaching on it, and it is definitive and should be the same regardless of the land surveyor who does it.

The surveyor’s identification report is necessary for the lending agency in making the decision to use the property as collateral. It is important to note that the format and layout of a surveyor’s report is more a matter of convention that law. There is no one standard format for surveyor’s reports. However, most land surveyors use the same sheets and standards.

Restrictive covenants

What is important is that the report captures and states all the information required for making a decision on purchasing or giving a loan against the property. Please note that the surveyor’s identification report must be signed by a commissioned land surveyor for it to be valid.

What are restrictive covenants? Restrictive covenants are commonly created to impose restrictions that are customised to the needs of an area or development. Restrictive covenants can be many and varied, and they ‘run’ with the land despite the owner. Persons should be always cognisant of the restrictive covenants that are present on their title so that they can avoid breaching them.

If the surveyor finds a breach of any of the restrictive covenants noted on the report, the vendor can either correct the breach or have the restrictive covenant amended with the help of a lawyer. There are several common things persons do with their property that cause breaches.

Most restrictive covenants don’t permit your gates to open outwards on to the roads, so try to ensure your gates open inwards. Unless expressly stated in the restrictive covenants, the eaves of the building (edge of the roof) are considered part of the building and can breach the distance from the boundary covenant, so when ‘additions’ are done, setback distance must be effected with this in mind.

Another common breach is the height of the wall requirement. Many restrictive covenants speak to the maximum wall height within a community, and especially within a particular distance from a road intersection; this must be adhered to. Finally, the use for which the building is designated must be conformed to. So if the area is residential and the restrictive covenant addresses that, no commercial activity is to take place there. These will constitute a breach of the restrictive covenants and the land surveying will identify and report on the surveyor’s identification report.

So be cognisant that whenever you are going to use property as collateral for a loan, a surveyor’s identification report is normally requested by the lending agency. Surveyor’s ID reports are only valid as long as no modification has taken place to building on the property or none erected on a land, but for a maximum of a year from the date on the report.

Keep sending your questions and comments and let’s continue to explore A Matter of Land. Until next time, walk good.

Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. Email feedback or queries to columns@gleanerjm.com and craig_r_francis@yahoo.com.