Mr Basson and Mr. Lourens were once the best of neighbours. That is, until Mr. Lourens decided to build a “modern” wall between their properties, and do so right through what Mr. Basson claimed was his vegetable garden.
“This wall is clearly 47cm onto my erf!” shouted Mr. Basson, holding a faded surveyor map last updated when petrol cost under R5 per litre. Mr. Lourens, sipping his coffee, calmly replied, “I built it where the estate agent pointed.”
This is how many boundary disputes begin: a wall, an ancient map, and a grudge.
What the Law Says
Every property has a surveyed boundary, usually recorded with the Deeds Office. If you believe a neighbour has encroached on your property, your first port of call should be a land surveyor – a neutral party with the power of GPS and geometry.
If there’s been an encroachment:
– You can demand removal (at the neighbour’s cost), or
– Claim compensation if you’re fine with the new structure.
But here’s the kicker… If you leave it too long without objecting, a court might rule that you’ve tacitly consented.
Well in the end, Mr. Basson built his own wall and Mr. Lourens built his own wall. Now there are two walls next to each other with a 2cm alleyway where crickets and other goggas hold secret meetings.
Takeaway – Before you build a boundary wall, check your deeds and get a professional land surveyor involved, or even the municipality. It’s cheaper than fighting with your neighbour for the next 10 years over “stolen” soil.
