Sectional title corner – Can my neighbour raise our shared wall?
Hi, my courtyard is part of my section registered in the deeds office and is separated by a 2m high wall from the adjacent section’s courtyard. Without consulting me the next door owner has raised this wall by four rows of bricks and intends to build a room in his courtyard with the roof being supported by the partitioning wall. As I understand we each own half of the wall which is two bricks wide and he may not raise the wall without my written consent. Is this correct? – Yvonne
Hi Yvonne, you are correct. On the issue of approval from the body corporate, if the courtyard is already part of your neighbour’s section and he wants to enclose it, he does not need permission from the body corporate because he is not increasing his floor area.
The trustees can intervene and get him to show that the construction will not interfere with the stability of the buildings.
And if they feel it is going to be a nuisance to anyone or affect the value of the property negatively they can also stop him.
The harmonious appearance rule does not exist anymore, unfortunately.
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Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.