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Boundary walls and access to property

What can I do if a neighbour blocks me from gaining access to my property through the erection of a boundary wall, or erects a boundary wall that encroaches onto my property?

You may very well have legal recourse. In most instances, your local authority has a regulatory policy in respect of boundary walls and fences. If you decide however, to build a wall or erect a fence, you may do so, provided it is on your property, and you are adhering to the local municipality bylaws governing such boundary fences. The best way to check this is to inspect your title deed and the original diagram depicting the boundaries.

There are laws in place that also protect your neighbour from doing anything that may impinge on your boundary wall.

You may be in a situation where there is either an express or tacit agreement that you and your neighbour share ownership of the boundary wall because it is on both properties. In a case like this, neither owner nor neighbour may do anything to the wall without permission from the other.

The provisions of the National Building Regulations and Building Standards Act apply. Written authority from the local municipality, must be obtained prior to erecting a boundary wall or fence.

Find out more by getting in touch with our team of professionals at Austen Smith who can advise you further on the legal implications and remedial actions available on: