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Van Rensburg NO and Another v Equus Training and Consulting CC and Another (3649/06 & 1440/07) [2009] ZAECPEHC 50 (25 September 2009)

Most residential property title deeds contain restrictive conditions with regard to the size, number and placement of dwellings and other buildings that may be erected thereon. The conditions will also prescribe building lines which determine the parameters to which buildings on the property may extend. An owner wishing to erect a building that extends over such building lines will first need to bring an application for the removal of the relevant restrictive title condition. Building over the line(s) before such a removal application has been successfully granted is unlawful and invites judicial scrutiny which may well result in the Court ordering the demolition of those part(s) of the building that extend over the building line(s).

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