My property was recently re-surveyed because of plans I submitted for minor alterations. The survey revealed that the boundary wall on the street side of the property encroaches by about 20cm onto the grassed pavement. The municipality now refuses to approve the plans until we have entered into a lease of the encroached area. I have heard of encroachment servitudes - could this be a solution?
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Encroachment Servitude
- Thread starter JonBraut
- Start date
RedViking
Nord of the South
No.
Who is the municipality?
Who is the municipality?
Tongs of Destiny
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you have now opened a can of worms I fear you cannot put back.... never go to the municipality until all your ducks are in a row, or you have fudged the ducks to look like they are in a row.
even if you wish to sell the property in the future you will need to disclose this fault, unless you smash the entire wall down and move it 20cm.
even if you wish to sell the property in the future you will need to disclose this fault, unless you smash the entire wall down and move it 20cm.
B-1
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20cm? Obviously speak to a lawyer but I would think that is well within a reasonable error margin. They also have no use for that land so what will the rent be R0 per month?
Sounds like they are fishing for a bribe. The problem is you are now in the position where they will find any minor mistake and extort you.
Sounds like they are fishing for a bribe. The problem is you are now in the position where they will find any minor mistake and extort you.
Pax
Expert Member
Are you thus doing the upkeep of 20cm of their property? Are you then not entitled to be compensated? 
