I signed a letter of Consent with my neighbour for relaxation of boundary rules

RogerHempel

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May 30, 2018
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Much to my reluctance, I signed a letter of Consent with my neighbour for a relaxation application, so that the rule for construction of a building, or construction of anything for that matter, adjacent to my boundary can be reduced to 3 meters as opposed to the usual 5 meters.

There is a simple wire fence on our boundary. Both properties have a more-than-slight gradient going downhill. The further one goes down, the more the gradient.

The problem now is that the neighbour has contracted a bob-cat (mini-payloader) to level out the ground from his existing pool area to the area of the property that has this down-ward gradient. He has imported truck loads of land-fill. (By the way the quality of the land-fill is very poor, being 80% sand and 20% garbage and plastic rubbish.)

In order to level out and fill up the vast area beyond his pool area, he has created a bank that is growing in height. The further he brings in more land-fill downwards along the boundary, the higher the sandbank rises.

The problem as I see it now is that the base of this large sandbank is right up against my fence line!
And at the far end of the sandbank (the downward-end) the soil has even filtered through the wire fence into my property. One can say that for 60% of the length of the sandbank construction, the base of it is in my property.

The major problem here is that there is no retaining wall to secure this bank. If we experience a major storm with heavy rains, a lot of this sandbank will be washed up into my property.

My question is as follows: is the creation of a sandbank to level out a section of his property considered to be a ‘CONSTRUCTION’? If so then, surely the base of his newly created sand bank should start 3 meters away from the boundary fence line. (I say 3 meters because I consented to 3 meters and not the usual 5 meters)

As far as I am concerned he has constructed a ‘sandbank’ poorly done without any retaining walls, and what is needed to be done in terms of the Law is that the whole bank is to be moved 3 meters away from my boundary fence line.

What is the best strategic plan of action to rectify this problem? Any input from you will be greatly appreciated.

I am in Westville, Durban, South Africa
 

TEXTILE GUY

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Oct 4, 2012
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10,879
I believe the plans need to be signed off by an engineer, and approved by a building inspector.
Maybe raise concern with them?
 

RogerHempel

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May 30, 2018
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Okay thanks but my real question was:
Is the creation of a 'bank' considered to be a Construction?
If so ... must the base of the 'bank' be 3 meters away from my boundary?
 

^^vampire^^

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Feb 17, 2009
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What kind of a lunatic uses landfill to even out property. Sounds like you have a big problem about to start.
 

Daruk

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He should be excavating and making the retaining wall his problem. Not filling and making it yours. He is putting your property at risk.
 

xodosman123

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May 30, 2012
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Was this passed by the city Council, sighning a document still needs city council approval. somehow if you signed then he really does not need any permision and keep you quiet as you agreed, But that is not the case it still needs Council (Planning office)approval. The servitude is there for a reason. As for building there must be a code that must be adhered to. Get hold of the City Building inspectors. If not approved it will have to be demolished to original state. Plans have to be passed etc..
 

RogerHempel

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May 30, 2018
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Hi guys thanks for all your input. Now that you know the background, I need answers on a point-by-point basis.
1) Is creating a large sandbank with truck loads of landfill considered to be "CONSTRUCTION"?
2) If he doesn't move the base of his 'sand-bank' 3 meters away from my fence line, ... can I cancel my consent of 3 meters, and revert back to the 5 meter rule, based on his failure to comply?
 
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