IN May, my neighbour (in Kloof ) approached me with his assertion that our boundary fence was incorrectly sited and needed to be moved some four metres into my garden!
He assured my wife and I that professionals had verified his beacon claim and proceeded to not only resite the boundary – slicing off a huge swathe of my property – but also chopped down my mature fruit and tibouchina trees together with all shrubbery within the claimed territory which had previously provided my cottage with privacy. He then proceeded to swiftly construct an overbearing 2.5 storey structure towering over my modest cottage in such a way, destroying all privacy, and seriously devalueing my property.
A friendly land surveyor sympathised with my plight and undertook a professional survey with astounding results; the neighbour’s land claim was proved to be utterly false!
He was not only obliged to put the boundary fence back where it was originally sited, but to also demolish half of his building to comply with the building-line bylaws.
Success? Not really as fully grown trees (now needed more than ever) take decades to grow and the neighbour, now overtly hostile (amazingly) because his brazen subterfuge cost him dearly, sees no reason or responsibility to rehabilitate my devastated area.
However, I’ve just learned from the Architectural Authority that I – and other affected neighbours – should have been consulted prior to construction of this enormous structure.
No consultation took place and no consent was given.
The structure now awaits just its roof – is it too late for architects and developers to be forced to abide by the rules – or are they now just ‘optional guidelines’?
So please be warned: the municipality, as things stand, sees no reason to insist that builders or developers provide proof of beacons or boundaries. Do make sure you know for certain where yours are!
