Tue | Oct 27, 2020

A matter of Land | ‘Help, I have no privacy’

Published:Sunday | September 27, 2020 | 12:13 AM
Craig Francis
Craig Francis

Good day readers. In the last article we looked at what are restrictive covenants and their importance, as well as the process of modifying restrictive covenants and why. Today, we will respond to a question from a reader. We have a backlog of questions that we will publish as soon as is possible.

Good day Mr Francis,

I bought a property with an existing structure on it but the neighbour has 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. Now I would like to enclose my driveway. How do I go about this?

– Regards, G.C.

Good day G.C.,

Thanks for the question. I understand your concerns but let me allay your fears. There will be no problem with this unless you have incorrectly constructed your boundary walls, which a Surveyor’s Identification Report will indicate.

SURVEYOR’S REPORT

The Surveyor’s Identification Report is the document that guarantees that the land is the land described on the title; that the boundaries are in place; there are no breaches in the restrictive covenants; and that there is no encroachment of the property on any other property or any other property encroaching on it. This should be the same, regardless of the land surveyor who does it.

The report captures and states all the information required for making a decision on purchasing or giving a loan against the property. Please note that the Surveyor’s Identification Report must be signed by a commissioned land surveyor for it to be valid.

So the report is very important for both purchaser and lending agency, as it ensures that the property being sold is the same one shown to the buyer, and it also investigates and states if all the restrictive covenants are being adhered to and that the boundaries are correct. It also states the nature of the boundaries for the property.

Therefore, the report will capture information about the property at the instant when it was done. Hence, if when the report is done and the walls are constructed, the surveyor will represent that on his report. This is not at variance with the diagram which was done at another time when no wall existed, hence there is not a conflict and this will not present a problem for you.

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