Crossing the boundary: How to resolve property boundary disputes

Crossing the boundary: How to resolve property boundary disputes

Neighbours are arguing over the boundaries of their properties, with one claiming that the other has encroached onto their land. How can property boundary disputes be resolved under South African law, and what legal recourse is available if neighbours cannot agree?

Disputes between neighbours over the boundaries of their adjacent properties are a common occurrence in South Africa. An overhanging tree, an overgrown shrub, or a wall that has been built too far over a boundary line, often leads to conflict which can become time-consuming and costly to resolve. If one finds oneself in a boundary dispute, it is important to understand how to resolve the conflict as amicably and cost effectively as possible given the circumstances.

Determining the Boundaries of your Property

The title deed of a property will specify the extent of a property in square meterage. In order to determine the exact boundaries of a property, one can request that a land survey be conducted by a surveyor. This will assist in providing clarity on where the boundary lines of the respective properties lie and will indicate if and where a neighbour is encroaching on the property of the other neighbour.

Reaching Agreement

If there is an encroachment, the best way to resolve the dispute and avoid any costly or time-consuming dispute resolution avenues is to reach an agreement with your neighbour. If the parties can effectively communicate and come to a mutually beneficial solution (for example, the tree encroaching on A's property will be trimmed annually at the expense of B, or the boundary wall built too far onto B's property will be rebuilt correctly and the cost will be shared between the parties), then there is no need to pursue any further legal steps.

Consult Your Local Zoning Laws

It may be that the specific encroachment at the heart of the dispute is regulated by the relevant municipality's zoning laws. If a neighbour is refusing to come to the table and reach agreement, it may be worthwhile to consult the zoning laws applicable to the area and consult with an attorney to obtain an opinion of whether the specific encroachment is in breach of any of these regulations.  If there has been a breach, a complaint may be lodged with the local authority, or legal action can be instituted.

Alternative Dispute Resolution Mechanisms

If all attempts at communicating have proven unsuccessful and neighbours are unable to reach an amicable solution, it may be necessary to pursue an alternative dispute resolution mechanism, such as appointing a mediator or arbitrator, to help resolve the matter. One benefit of pursuing arbitration or mediation is that a resolution can be reached much faster than if the dispute was taken to the courts.

Legal Action

If the parties have exhausted all the above options and have not been able to come to an agreement, it may be necessary to consult with an attorney to discuss instituting legal proceedings. A neighbour may approach either the Magistrate's Court or the High Court, depending on the value of the claim, to obtain relief.

Avoid Self-Help

Accounting for the various avenues available to resolve neighbourly disputes, it must be emphasised that parties are strongly advised against resorting to measures of self-help. Taking the law into one's own hands by, for example, cutting down a neighbour's tree or knocking down an encroaching wall without first obtaining permission or reaching an agreement, will only escalate the dispute and may even result in a criminal charge or a civil claim. Rather, it is advisable to make every attempt at communicating with relevant parties to reach agreement and, where this is not possible or parties are uncertain regarding their obligations or rights, to seek professional legal advice.

Speak to a legal expert

Boundary disputes between neighbours can be tricky and emotionally charged. It's essential to approach these situations with patience and an understanding of the legal options available to you. Whether through negotiation, mediation or legal action, resolving the matter properly will save time, money and stress in the long run.

Extract from Property 24