A Matter Of Land | Respect your restrictive covenants

Good day. I want to thank you for your continued support even as we took a break. We are back, and this week I want us to look at our restrictive covenants as it relates particularly to the eaves of our buildings.

The eaves of the buildings many times cause significant problems for several homeowners, as they oftentimes ignore or forget about them during the building process and in their home extensions and/or modification.

WHAT ARE THE EAVES OF A BUILDING?

The eaves of a building are the edges of the roof that overhang the face of a wall and, normally, project beyond the side of a building. The eaves form an overhang to throw water clear of the walls and may be highly decorated as part of an architectural style.

The main function of the eaves of a building is to prevent rainwater from running down the side of the building walls, to prevent water from going between the joining between the roof and the building wall. It also creates a shelter around the house from the rain; helps prevent dirt and mud splashing on to the walls, and also prevents erosion of the building footing. So eaves are very important to a building. The eaves are also called cantilevers.

EAVES ARE ACTUALLY CONSIDERED AS THE BUILDING ITSELF

Many persons just see the eaves as an appendage to the building but don’t consider it as being the building itself, so when they consider setbacks, as stipulated by the restrictive covenants, the eaves are not considered. However, with regard to the building, the eaves are (for the purpose of restrictive covenants) considered as part of the building itself unless expressly stated otherwise in the wording of the restrictive covenant. This means that when you are doing any construction, you must take the width of the eaves into any consideration with regard to your building setback.

SETBACKS SHOULD BE FROM THE EAVES

So when you are setting out your building, if the restrictive covenant has a minimum setback distance, you must not set out the building footing to that minimum. The minimum should be from the eaves. So, for example, if the minimum setback distance is five feet and the eaves width is one foot, then you would have to set the building back six feet, that is, five feet from the eaves. If the eaves hang over on to the five feet, then the building is in breach. Even if there are no eaves and then there is addition done vertically (add on upstairs), then the roof upstairs and that eave will affect the setback, so whatever you do, the eave must be taken into consideration.

Also, many times the eaves form part of the floor when persons add on upstairs. This, then, will see the upstairs eaves further encroaching in the minimum setback distance stipulated by the restrictive covenants.

TAKE NOTE OF THE RESTRICTIVE COVENANT

So, readers, do take note of what your restrictive covenant says about your minimum setback distance and any reference to the eaves. If it doesn’t state expressly that “for the purpose of this covenant the eaves shall not be considered as part of the building” (or any variation of this), then it is and proceed accordingly.

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. Email feedback to craig_r_francis@yahoo.com and editorial@gleanerjm.com