Tuesday, January 18, 2011

Building lines and servitudes

Building lines and servitudes
Most yards in urban areas have building lines, and many of them have servitudes.

A building line is a piece of land the municipality does not want you to go over when building a house or adding to your house. This is mostly for aesthetic reasons. In Tshwane, for instance, the building line is typically 5 meters from any street, and two meters to the sides and rear. (Although there are many exceptions).
Usually, you can apply to have a building line relaxed, meaning that you can build over a building line. For this there is a nominal fee, and you will need the consent of your neighbours.
To find out what the building line for your erf is, you will need to get your zoning certificate from your local council. This document tells you what kind of erf you have, and from there you can use diagrams (also supplied by your council) to work out what your building lines are.
If you have any problems, your local council should be able to tell you exactly what the building lines for your erf are.

Servitudes are rights of way that other people or entities have over your erf. Mostly, a servitude will be held by the municipality for services, such as sewer lines. This means that the municipality is allowed to use the area to put a sewer line in. These servitudes are usually 2 to 3 meters wide, at the rear or sides of your erf.
Less common servitudes would be a right of way, a road that some person has to use to get to his property. There are also other servitudes, but these would be the most common.
Servitudes are usually to be found in your Deed of Title, or Titledeed as they are commonly known. Unlike a building line, you cannot simply apply for a relaxation, you have to have the servitude written out of your title deed. This is a long process and involves lawyers. So before doing any building or planning, get your Deed of Title (usually held by the bank that holds your bond) and scrutinize it for any servitudes.

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