A Matter of Land | Problem between my neighbour and me about the boundary

Good day readers,

Thanks for the continued support and the many emails you continue to send concerning your land matters. We are grateful that you continue to support the column. This week we look at a question from a reader.

Good day, Mr Francis,

I am living in a housing development (scheme). It’s not gated nor is it a strata. There is a culvert that separates myself 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 than theirs. However, as I said earlier, a culvert separates us. My neighbours plant behind their property at the edge of the culvert and the trees come over on my property. When I speak to them about it, they get upset, and question where my property ends. One even complains that I burn garbage and scorched up her trees, so I told her that I am 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? I await your response.

– D.N.

Hello D.N.,

Thanks for your question. As you have explained your situation to me I can advise you of 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 demarked 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 in order to return your boundary marks to 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 that you erect a fence between yourself and your neighbour if your restrictive covenants allow you to do so.

TAKE CARE OF BOUNDARIES

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 questions. So always protect the boundary pegs. You can always place concrete around the pegs to make it 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, the cost of erecting fences 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.

I hope the answers and advice has helped you, D.N., and all the readers of A Matter of Land.

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 amatterofland@gmail.com or Precision Surveying Services