Everything I need to know about having a Concrete Palisade Wall installed at my House or Business
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Below is an article taken from Readers Digest that explains the rights of property owners with specific reference to boundary walls.
Boundaries, Walls and Fences - Where your property rights end. Source: Reader’s Digest You and Your Rights
“As a landowner, you are entitled to enjoy, use, consume, convert, alter, destroy or sell your property and what the land produces in any way you please within the limits of state and local authority regulations,provided you do not interfere with the legal rights of others, including your neighbours’ rights to the same enjoyment of their property. The boundaries between your properties mark where your rights end and your neighbours’ begin. Knowledge of each others’ rights and obligations is the first step in establishing a good relationship with your neighbours and enjoying your rights to the full..
Determining the boundary
Boundaries between properties are recorded in official town planning diagrams kept by the local authority in control of the area. In the event of a dispute over the dividing line between two properties, the first step is to check the official property plans (diagrams). Refer to the title deeds of your property and your neighbour’s to ascertain the plan numbers and with which deeds the plans are filed. If you and your neighbour are unable to come to an agreement, even with the aid of the diagrams, or if you cannot find the property boundary pegs, you should ask a registered land surveyor to re-determine the boundary.
In the absence of a servitude, an owner may build only on his or her own ground.A builder who departs from the plans when building on your property might be guilty of encroachment - the building of part of your house on the property of a neighbour. The neighbour could demand demolition of the encroaching portion or the payment of compensation for the use of part of his or her land. A court might rule that demolition would be unreasonable (for example, because the cost of removing the structure exceeds the benefit to your neighbour of removing it) and direct you to take transfer of that part of your neighbour’s property on which the building has encroached. As a property owner on whose property a neighbour has encroached, your right to insist on removal may, however, be lost if you do not demand removal within one year and one day of becoming aware of the encroachment. Alternatively, the court may, in its discretion, simply award compensation to you for the encroachment. The court will then take into account the value of the land encroached upon and the legal costs of transferring that portion of the land should the court order your neighbour to take transfer. You may even be awarded an extra amount for invasion of privacy and for the inconvenience and annoyance of having to surrender a section of property unwillingly.
A further legal remedy available to a person whose land has been encroached upon is to eject the encroaching neighbour and to retain the structure erected on the land against payment of compensation. This remedy may, however, be invoked only if the encroaching structure is independent of any structure on the land of the neighbour who built it, or can easily be separated from any such structure.