A Matter of Land | What’s the eaves of the problem?

Good day, readers. This week we look at a question from a reader and the subsequent response.

Good day Mr Francis,

I often read your column and find it very informative and helpful. I now happen to have a need for you to explain something relating to your expertise to me. I have been wondering about what eaves are and how they affect me and my restrictive covenants.

I recently had a surveyor’s report done and I am told by the surveyor that my building is in breach. I challenged his assessment, as I am very thorough, and when my building was being constructed I ensured that the building was erected at the exact eight feet from the boundary, as stipulated by the title.

Also, NHT (National Housing Trust) and parish council approved the setback as it was at the time. Even now if you measure as a layman from the building to the boundary wall you get the eight feet. Why is it my surveyor has said that my building is in breach of this restrictive covenant?

He has said something about the eaves, and I am so upset. I would rather ask you to explain as I am not very happy with my land surveyor at this point. Please assist me in understanding and what I can do.

– W.H.

Good day W.H.,

I thank you for the continued support of The Sunday Gleaner’s A Matter of Land column. I am happy that you have found this column informative and helpful to you. This is the primary aim of A Matter of Land – to inform and assist.

UNDERSTANDING THE RESTRICTIVE COVENANT

Your problem is not a unique one and I do understand your feeling. However, I must first tell you that your land surveyor is correct. Though you are a thorough person, your understanding of the restrictive covenant was not in keeping with a full understanding of the covenant.

The commissioned land surveyor is so trained in the matters of land laws and land surveying, so he is able to properly interpret and understand the restrictive covenant as placed on the face of your title. You have to fully understand what is considered the ‘building’ so you can actually have the correct setback from the boundary.

EAVES IS PART OF THE BUILDING

What exactly is the eaves of a building? It is the part of a roof that meets or overhangs the walls of a building (the edge of a roof that sticks out over the walls). This is also referred to mostly in Jamaica as the cantilever. This (the eaves) is considered as part of the building if it is not explicitly stated on the title that it is not to be considered as such. This would mean that once a surveyor conducts a survey for a surveyor’s report, his measurements will be to the eaves of the building and not to the footing.

The eaves will always be considered in the measurement of the setback from the boundary, again, unless it is stated that it should not be considered on the title.

This is the reason for your breach of the restrictive covenant. The footing and walls of your building is the required eight feet setback from the boundary; however, your eaves is what is encroaching on the setback distance, as it is considered a part of the building, and for this instance where the building extends to.

HOW TO FIX THIS BREACH

To fix this breach is fairly simple, as you have two alternatives. The first is the simplest, as it only requires for you to remove the eaves that overhangs into the restricted distance set out on the title in the restrictive covenants. This requires only your willingness and input.

The other option is to have the particular restrictive covenant amended so that the eaves no longer breaches it. You can have the distance modified, but the easiest would be to have the wording change to state “for the purpose of this covenant, the eaves shall not be considered part of the building”. This would fix your problem without any demolition of your eaves.

Please make it up with your surveyor, he was only doing his job and he was correct. Sorry about the inconvenience it has caused you, but he must report his findings and accurately.

Next time be sure to consult your surveyor for professional advice before construction. I hope you can resolve this matter soon.

Keep sending your questions and comments, as we 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. Email feedback to editorial@gleanerjm.com.