Think twice before just fencing off your property in South Africa

Full title ownership of your home gives you the right to use and enjoy it how you see fit. However, this freedom have limits.
This is according to Alex de Wet, a real estate law expert from Cliffe Dekker Hofmeyr (CDH), who told businessTech that homeowners need to think carefully about the rules and responsibilities of owning property.
These are especially important when building fences or walls. Ignoring these rules could cost you a lot of money.
One of the first things to know is that some rules about your property are written in the Deed of Title (DOT).
These rules are often connected to the Conditions of Establishment (COE) of the town where your property is located.
De Wet said the local government makes these rules when setting up townships. They control how properties can be used or changed, and you must follow them to stay within the law.
Local governments also have zoning laws and building rules that limit what you can do on your property.
A boundary wall must comply with any municipal by-laws. Such by-laws may specify parameters such as height restrictions, setback requirements, and aesthetic considerations.
These by-laws aim to ensure safety, preserve the character of the neighbourhood, and prevent any encroachment on public spaces or neighbouring properties.
If you want to build a fence or wall, you have to follow these rules.
You also need to submit building plans to the municipality for approval before starting any work.
If you don’t, the municipality might order you to take down your wall or fence, and you’ll have to pay for it.
Another thing to watch out for is servitudes. These are agreements that give other people or companies certain rights to use parts of your property.
For example, Eskom or the municipality might have the right to install things like power boxes, water pipes, or internet cables on your land. Before building, make sure your fence or wall won’t block access to these services or break the rules of the servitude.
It’s also really important to know exactly where your property begins and ends.
You can find this information in your DOT, which will include a diagram number. This number lets you get a detailed map of your property, called an SG diagram, from the Surveyor General’s office.
If you’re unsure about the map, you can hire a land surveyor to confirm your property’s boundaries.
Once you know where your property lines are, check that your building plans match up with the SG diagram.
This will help you avoid accidentally building on someone else’s land or on a public area. If you’re not sure about zoning laws or building rules, a town planner can help you figure it out.
Legal trouble
If you don’t follow these steps, you could end up in trouble.
For example, if your fence or wall crosses into your neighbour’s property or blocks access to a servitude, you could face legal action.
Your neighbour or the municipality might make you take down the wall or pay them for the trouble you caused.
A court could even order you to remove the wall, leaving you to cover the costs of demolition and legal fees. These expenses can add up quickly.
For instance, in the case of Eye of Africa Homeowners Association NPC v Mudanalwo and Another, the first respondent claimed that the applicant had encroached upon his property by constructing an illegal wall.
He sought an encroachment penalty fee of R5,413,760.00 and demanded the demolition of the wall.
De Wet highlighted that to avoid these problems, homeowners should take a few simple steps.
“First, learn as much as you can about your property boundaries by checking your DOT and SG diagram.
“Second, get advice from experts like land surveyors, town planners, or real estate lawyers to make sure you’re following the rules,” he said.
“Finally, always get approval from the municipality before building anything, including fences and walls,” he added.
Owning property in South Africa gives you a lot of freedom, but it also comes with responsibilities. There are rules about title deeds, zoning laws, servitudes, and building regulations that you need to follow.
By understanding these rules and getting the right help, you can avoid costly mistakes and protect your investment.
Being careful and informed will help you make the most of your property while staying out of trouble.