Understanding Property Rights & Obligations - Neighbours & Boundaries

As a landowner, you have the right to use your property as you see fit, within local and national legal regulations. This right, however, must be balanced with the rights of your neighbours, who are entitled to the same privileges on their own land. The boundary between your properties defines these rights and obligations. Educating yourself on these rules is crucial for maintaining a good relationship with your neighbours while enjoying your property to the fullest.

Determining Your Property Boundaries

The boundaries of your property are typically recorded and maintained by your local authority. These official plans should be the first point of reference if a dispute arises with a neighbour. If the dispute cannot be resolved, you may need to hire a registered land surveyor to officially re-establish the boundary.

Building on a Neighbour's Property

If you accidentally build a structure that encroaches on your neighbour's property, several outcomes are possible:

• Your neighbour can request that the encroaching portion be demolished.
• They may seek compensation for the use of their land.
• A court may order you to take ownership of the encroached land if the cost of demolition is deemed unreasonable.

If the property owner does not act to remove the encroachment within a year and a day of becoming aware of it, they may lose the right to insist on its removal. In this case, they may still be awarded compensation for the land and legal costs. Another option is for the neighbour to take ownership of the encroaching structure, but only if it can be separated from your property without difficulty.

Shared Boundary Walls

Generally, a boundary wall is shared equally between two adjacent properties, with half standing on each side of the property line. In some cases, each half of the wall is separately owned by the respective landowner. To make changes to a shared wall, such as removing it, raising it, or lowering it, you must have an agreement with your neighbour.

An exception is in the case of an unforeseen occurrence or emergency, where both parties will have to split the repair costs if the neighbour also benefits from the repair. If a neighbour wishes to replace a shared wall with a more expensive one, they can do so at their own expense. The costs of general repairs and maintenance are usually shared between the involved parties. However, you are not obligated to contribute to the cost of an unreasonably expensive wall, even if it was originally built between the properties. Ultimately, it is always best to reach an agreement with your neighbour to avoid complications.

Guidelines for Shared Driveways

With shared driveways, owners either have a specified half to use or have undivided entitlement to the entire area. The ownership and usage rights are outlined in the property plans or determined by a right of servitude. Even if your neighbour owns the driveway, they cannot block your access to your garage.

If an obstruction is in a public place, you can ask the police for assistance. If it is on private property, you will need to seek help from your attorney to have the owner remove it. If no resolution can be found, a court order may be required to force the owner to remove the obstacle or to allow you to remove it yourself.

Who is Responsible for Repairs?

The responsibility for repairs to shared driveways, walls, and fences typically falls on the property owner(s). This is usually specified in the title deed. If a servitude is in place, a single owner may be entirely responsible for the costs. The person with the servitude may initially pay for the repairs and then bill the owner, as a contractor may be hesitant to perform work if the liable party is unreliable. If not bound by a servitude, the owner is not obligated to carry out repairs unless the property poses a public danger. A local authority can then order the owner to make the necessary repairs. The owner will also be responsible for any damage to your property caused by these defects.

In most cases, it is best for neighbours to agree to share repair costs. All communication should be in writing, specifying the work to be done and how the costs will be divided. An attorney can act as a mediator to ensure a smooth process.

Overhanging Trees and Intruding Roots

Another common boundary issue is overhanging branches or intruding roots from a neighbour's tree. While you can ask them to cut the branches, they may refuse, in which case you will have to do it yourself. You may only be allowed to keep the removed branches if your neighbour doesn't collect them. If you incurred costs for the removal, you could request compensation. You can also obtain a court order to force your neighbour to remove the branches or roots that are causing damage to your property.

You cannot claim damages for issues like fallen leaves, as this can be avoided with routine maintenance. Your neighbour is also not obligated to remove fallen leaves, branches, or fruit from your garden.

Unless restricted by a servitude, your neighbour has the right to build or grow trees on their property, even if it restricts your sunlight or view. The limit to this right is your neighbour's motive. If their actions are for the enjoyment of their property and not intended to cause a nuisance, they are within their rights. If their motivation is to cause a nuisance, you may be entitled to compensation.