Montana Agreement for Maintenance of Wall Along Common Boundary Between Adjoining Landowners
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How to fill out Agreement For Maintenance Of Wall Along Common Boundary Between Adjoining Landowners?
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FAQ
Boundary Wall Specifications South Africa Further to observing boundary demarcations, buildings on each property should also adhere to prescriptions of the National Building Council whose regulations provide that the minimum and maximum height of walls must be 1.5 metres and 2.4 metres respectively.
Who owns a property boundary? Common law rules presume that party walls, located on the boundary between two parcels of land, are owned jointly by the adjoining landowners. This is a presumption in the law and can be rebutted with strong evidence to show the structure is owned outright if that is the case.
The building line at the front of your property is usually 7.5m. In layman's terms, you may not build a structure closer than 2 meters to your side or rear boundary line or five meters to your front boundary line.
If the Title Register/Deeds are silent in relation to the responsibility for boundaries then the legal position is that the boundaries are party boundaries and as such the responsibility for maintaining the boundaries is shared equally between you and the owner of the property next door who also has use of said
In the absence of 'T' marks or words confirming the position in the deeds, a wall is presumed to be jointly owned and maintained. Unfortunately, property deeds are so frequently silent on the ownership or maintenance of boundaries.
The general principle in the Act is that the building owner who initiated the work pays for it. However, there are cases where the adjoining owner may pay part of the cost, for example: where work to a party wall is needed because of defects or lack of repair for which the adjoining owner may be responsible.
Unless the deeds specify for the boundary to be maintained, there is no legal requirement for the owner to maintain the wall or fence or to keep hedges tidy. The owner could be liable if the fence or wall causes damage or injury because it has been neglected.
As a rule of thumb, a build that reaches 7.2 feet is considered acceptable and anything over that we do recommend speaking to your neighbour.
People often think that they are responsible for the boundary on the left hand side of where they live. This is a myth. There is no legal basis for this assumption. Boundary responsibility is always mentioned in the Deeds and if it is not then they are party boundaries.
Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.
