Sat | Sep 23, 2017

A matter of land | I want to build a road on my property, can I?

Published:Sunday | August 14, 2016 | 8:00 AM
Craig Francis
Riders take a makeshift road through this property.
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Good day readers. This week, I will respond to a question from a reader who needs information about constructing a road on her property.

Hello, Mr Francis. My name is PB. I live in Queens, NY, USA. I have property in Calderwood, Stepney, St Ann, Jamaica. I am writing you as I read your column in the Jamaica Gleaner.

I would like to know what the guidelines for building a road on my property are. What is the minimum amount of land I can use to make a private road on my land, which already has a government road?

Also, how many feet from the road should there be between the main road and my house or wall?

Good day, PB, and thanks for reading A Matter of Land. Do continue as I hope to enlighten you more about property and land-surveying matters.

You have stated that a 'government' road touches your property and that, I would assume, is your means of access to the property in question. You are required legally to have a means of access provided for every property. These means of access (roads) have to be prepared to a specific width and type, depending on where you are and the specification from the parish council.

 

Private road your responsibility

 

However, because the road that you are proposing to construct is within your boundary perimeters and is not going to be used as a reserved road to afford anyone else access to their property, then you are not required to adhere to any minimum standard for your 'private' road, save and except for your personal preference.

The road that you are going to construct is a private road on your property to be maintained by you and as such, is solely your responsibility. So this 'road' would be just part of your property for your personal use and enjoyment.

As to your question as to how far your building or wall is to be from the main road, this is determined by what the restrictive covenant on your title stipulates.

If there is no covenant that stipulates a setback distance, then how far back your house can be would be determined by the parish council during the plan for construction approval process. The council would approve the building plan with all the requisite conditions that needs to be adhered to.

As to the position of your wall, it should be constructed on your boundary. I recommend you have it identified or repegged by your land surveyor so that you can place your wall in its correct position.

Keep sending our 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 craig_r_francis@yahoo.com or Precision Surveying Services.