Craig Francis | Help, I have no privacy [Part II]

Good day, readers. The last time we looked at a question from a reader; this week we have a follow-up from a reader who wanted further clarification of the same question.

Last week’s question: I bought this property with an existing structure on it but the neighbours have built their house using the perimeter wall; meaning, when I am in my driveway I can literally put my hand through their side windows. The entire perimeter wall makes the side of their building, but now I would like to enclose my driveway. How do I go about this?

Regards, GC

This week’s question: In your article you focused on the question asked but what was not answered was, can a neighbour build right up to and on your shared wall? Also, should not there be at least two feet separating each neighbour’s house on their property from the boundary wall?

Regards, AJ

Good day, AJ. This is a very good observation. Thank you for the question, as it is one that I am sure many persons would like to know the answer to.

If the property is a town house or a duplex that allows you to build on the party wall, then the neighbours can do so. However, the setbacks vary in parishes and developments.

NO ONE STANDARD SETBACK FOR PARISHES

First, let me say there is no single determined or prescribed setback distance for buildings in St Andrew – or any other parish, for that matter. The setback distance will vary from community to community, development to development, and, in some instances, from property to property.

The setback distance for a property is determined by what the restrictive covenant of that title stipulates. So you can have two adjoining properties and the setback distances are different, as one title may have been done before the other or different time periods.

However, in particular communities, the setback for the buildings are normally homogeneous, as the development would have been done by the same developer and there would be a stipulation from the local authority, in this case the Kingston and St Andrew Municipal Corporation (KSAMC). While there is no standard setback distance for St Andrew, KSAMC will have a minimum that it will not grant approval for a setback below that distance.

SETBACKS MUST BE MAINTAINED AT ALL TIMES

The setback stipulated in your registered title in the restrictive covenant must be maintained, irrespective of how high one goes vertically (one, two or three storeys). So if, as you proffered, the setback distance of 10 feet is what is required, your neighbour can construct his two-storey building ensuring that his setback from the boundary is 10 feet. This should be to the eaves of the building unless stated in the restrictive covenant that the eaves are not to be considered as part of the building.

PERMISSION REQUIRED FROM THE LOCAL AUTHORITY

To do any construction or structural modification to a building on your property, you will need permission from the local authority or parish municipality; then the municipality will not allow you to construct any closer than the setback stipulated by that parish’s development order. So they will not approve any building that contravenes the setback.

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

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. Email feedback to amatterofland@gmail.com and editorial@gleanerjm.com