This week the Property Poser panel considers a boundary wall problem with a few twists.
About seven years ago a reader purchased a unit in a complex. She explains that her property lies adjacent to the boundary wall enclosing the entire development and a small river runs just beyond that.
For about five of the seven years she has lived there, the local municipality cleaned up the riverbanks and secured the area with sandbags whenever there were heavy rains.
When the owners of the properties adjacent to the boundary wall requested that the municipality do more extensive work to protect their properties, all aid suddenly stopped. The reason given was that the property over which the river runs belongs to a local church and is therefore not municipal property after all.
Upon investigation, the reader also discovered that the wall is not actually built as indicated on the approved building plan. In fact, whereas the wall is currently about 12 metres from her house, it should only be three metres away.
In effect, the reader’s back garden has suddenly shrunk by three quarters of its original size. However, when she purchased the property, she was clearly under the impression that the boundary wall was in the correct position.
To make matters worse, the wall is falling apart and the reader has therefore decided to erect a new one in the correct place. She wants to know who would be liable for