That strip of grass between your boundary wall and the road might look like part of your property. You mow it, water it and perhaps even spend money landscaping it.
But does it actually belong to you?
In most Johannesburg and Midrand suburbs, the answer is no. The pavement or verge generally forms part of the municipal road reserve, which extends from the road to your property's registered boundary. Even if you've maintained it for years, that doesn't give you ownership or exclusive rights over the land. It's also worth remembering that your boundary wall isn't necessarily positioned exactly on your erf boundary.
Can You Plant Trees and Gardens?
Generally, yes. The City of Johannesburg encourages residents to maintain and beautify the verges outside their homes.
According to the Johannesburg Roads Agency, homeowners may landscape these areas provided they leave at least 1.6 metres of clear space for pedestrians. There are, however, a few important conditions:
- Plants must not obstruct pedestrians or motorists' visibility.
- Trees and shrubs must not interfere with municipal services or stormwater drainage.
- Landscaping must not create a danger for motorists, cyclists or pedestrians.
Street trees are also protected. Even if you planted a tree yourself, you cannot simply cut it down or substantially prune it without the necessary municipal permission. For larger planting projects, it's advisable to consult Johannesburg City Parks and Zoo beforehand.
Can You Fence Off the Verge or Stop People Parking?
This is often where disagreements between neighbours begin.
You cannot simply fence off a municipal verge, install chains, place large rocks or erect barriers to prevent public access.
Johannesburg's Public Roads By-Law, 2024 prohibits unauthorised obstructions that interfere with pedestrians and other road users. But what about people parking outside your house? If someone is legally parked on a public road outside your property, you generally cannot insist that they move simply because they're parked in front of your home.
However, motorists may not:
- Park on the pavement where it is intended for pedestrians.
- Obstruct your driveway.
- Ignore official parking restrictions.
- Create a dangerous obstruction.
The law also distinguishes between the wider verge and the portion intended for pedestrians. Not every grassy verge is automatically a prohibited parking area, although other road rules and municipal restrictions may apply. Putting up your own "No Parking" sign doesn't make parking illegal. And while a well-maintained garden may discourage motorists from parking on the grass, landscaping cannot be used to unlawfully obstruct public land.
What About Complexes and Gated Estates?
The rules can differ, depending on who owns the roads and surrounding land.
Sectional-title complexes: Internal roads, verges and visitors' parking areas are usually common property managed by the body corporate. Individual owners cannot simply extend their gardens, install barriers or reserve parking without the necessary approval.
Freehold estates: Internal roads and landscaped areas may belong to a homeowners' association (HOA) or another private owner. The estate's rules can regulate parking, landscaping and access, provided they comply with the law.
Estates with municipal roads: Having a boom gate and security guards doesn't automatically make a road private. Where roads remain public, municipal regulations still apply, regardless of the estate's security arrangements. The same applies to landscaping outside an estate's perimeter wall. If that land forms part of the municipal road reserve, the HOA cannot claim exclusive use simply because it maintains the area.
What Should Homeowners Do?
Before fencing, paving or making significant changes to the verge outside your property, establish where your legal boundary lies and whether the land is privately or municipally owned. The Johannesburg Roads Agency and Johannesburg City Parks and Zoo are useful starting points. Residents in complexes and estates should also consult their body corporate or HOA. Where vehicles are parking illegally, the appropriate step is to report the matter to the Johannesburg Metropolitan Police Department (JMPD), rather than installing barriers without permission.
The Bottom Line
The pavement outside your home may feel like an extension of your garden, but maintaining it doesn't make it yours. You can generally keep it neat, attractive and landscaped, but you cannot automatically fence it off, reserve it for parking or prevent lawful public use. In complexes and gated estates, the position depends on who owns the roads and what the estate rules allow.
A well-maintained verge adds to your property's kerb appeal and improves the appearance of your neighbourhood. Just remember that public land is there for everyone's benefit.
LWP Properties | Beyond the Sale
Disclaimer: This article provides general information about property rights within the City of Johannesburg. Individual properties and estates may have different ownership arrangements, servitudes and restrictions. Obtain the necessary advice and approvals before making permanent changes.
