Is a retaining wall an encroachment?
Retaining walls come under the Encroachments Act 1944 (SA), and a retaining wall on the wrong side of the boundary is an encroachment. The Act provides for the adjustment of boundaries or compensation where walls encroach on adjoining land.
What happens if someone has built on your land?
If it is confirmed that the property has been constructed over part of your land, then this is a trespass which offers a number of remedies. An injunction may be sought to require the adjoining owner to remove the relevant part of the building, or damages may be payable in order to compensate you for any loss suffered.
How do I remove encroachment from private land?
Permanent and Temporary Injunction If a stranger trespasses or encroaches upon the property of a person, then he can approach the court and file an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure to get an order of temporary injunction.
Can a Neighbour build a wall on my land?
In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.
Can you fix to a Neighbours wall?
Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! If the wall is on the right, then you must ask your neighbour. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic.
Why is retaining wall encroaching into my property?
A survey was undertaken due to a boundary dispute where a marking was left on our fence so they wouldn’t take more land. The retaining wall was approved entirely in their property also as they raised the property. The wall is on the boundary but the footing encroaches. It’s not a dividing fence either as it was a requirement by us and our two
What should I do if my neighbour destroys my retaining wall?
If you cannot use the land that is close to your boundary because the land is subsiding onto your neighbour’s property then they are liable. The normal remedy for damage cause by interference with the right of support is damages.
Is the retaining wall on the boundary line?
The retaining wall was approved entirely in their property also as they raised the property. The wall is on the boundary but the footing encroaches. It’s not a dividing fence either as it was a requirement by us and our two neighbours along the same boundary line to have the existing fence replaced which hasn’t happened.
What should I do if my Neighbor is encroaching on my property?
That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. It is usually a good idea to contact your mortgage lender before such a sale, in order to make sure all the land records are accurate and up to date.