Boundary walls between neighbouring properties are key to defining property lines and ensuring the privacy and security of your property. <\/p>\n\n\n\n
Yet, boundary walls often also form the basis of heated disputes between neighbours, particularly when not done correctly. <\/p>\n\n\n\n
Law firm Wright Rose-Innes highlighted some of the main aspects to be considered when building or modifying a boundary wall.<\/p>\n\n\n\n
Firstly, constructing a boundary wall requires the consent and cooperation of both neighbouring property owners<\/strong>. <\/p>\n\n\n\n “Our courts have emphasised the importance of this requirement even though it is recognised that a landowner is entitled to construct a boundary wall,” the firm said.<\/p>\n\n\n\n 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. <\/p>\n\n\n\n These by-laws aim to ensure safety, preserve the character of the neighbourhood, and prevent any encroachment on public spaces or neighbouring properties.<\/p>\n\n\n\n Additionally, there may also be the need to have building plans approved for the wall. <\/p>\n\n\n\n “Again, the local by-laws may require that building plans be prepared and approved before construction may commence,” it said.<\/p>\n\n\n\n “A failure to comply with these requirements for a boundary wall may lead to legal disputes between neighbouring property owners, with disagreements ranging from issues over the location, height, or even the design or aesthetic of the wall.”<\/p>\n\n\n\n In such cases, if an amicable resolution is not achieved, litigation may be the only option to resolve the dispute, adding to costs and further straining already tense neighbourly relations. <\/p>\n\n\n\n Should a boundary wall be constructed without the necessary building permissions or in violation of municipal by-laws, such would be an unlawful act and the local authority may take steps such as the imposition of a penalty or fine or more seriously, the issue of a demolition order. <\/p>\n\n\n\n Such a demolition order would compel the owner to remove or modify the non-compliant structure at their own expense. <\/p>\n\n\n\n “Owners should be wary of just building that boundary wall. Talk to your neighbour and ensure that you understand the local by-laws and building regulations before you start building your wall,” the firm said.<\/p>\n\n\n\n
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