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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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I have built a house on an Estate, I also built a single boundary

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I have built a house on an Estate, I also built a single boundary wall with the intention that when my new neighbour starts building he will build his own single wall next to mine. When my neighbour started to built I requested him to build his own wall or share the cost of my wall, which until today's date he refused. PROBLEM: I have problem with my boundary wall , when my new neighbour started to build and they cleaned the stand with the back-actor it cracked the boundary wall which I pointed out to my neighbour. I now requested him again to repair the wall which he declines and has no memory of previous informal meetings. What are my rights, we fall under the Homeowners Association Act.

Thanks Yvonne
Welcome, and thank you for your question.

In order to enable me to assist, please provide further information.
1. Did your neighbour at any time during your meetings agree to either build his own wall or to share the cost of the wall that you built?


Yours faithfully
Customer: replied 3 years ago.

Originally when he started to built I requested him to build his own wall when he replied negatively I then requested him to pay his share he refused again. After he was finished with his building I pointed out to him the cracks on the boundary wall caused by the back-actor, he replied "oh I did not see that". After 2 years I requested him to fix the cracks and waterproofing of which he replied he was not aware of it and more or less wash his hands of it. I feel he should fix the cracks as the cracks are not the normal wind cracks but cracks caused by a tractor.


 

I'm afraid that unless there was an express agreement that your neighbour would contribute to the cost of the boundary wall or build his wall adjacent to yours, there is no legal duty on your neighbour to do so.

As far as the damage to your wall is concerned, he would be liable to repair any damage that he or his employees/contractors caused. However, the delay of approximately 2 years is troublesome and I would advise you to pursue your claim without further delay. If the neighbour continues to deny liability, your recourse would be to issue summons and commence legal proceedings.

Yours faithfully
May I be of further assistance?

If you are satisfied with my answer, please rate my answer. If not, I would be happy to deal with any outstanding issues.

Yours faithfully
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