Hi, my neighbor is looking to knock down the boundary wall between both our properties so he can build an extension.
I wont be selling but will this be a problem if I ever do?
Possibly, depending on
- how much it incurs into your land
- the detail of the wall construction and foundation footing, and
- whether or not you have an agreement with the developer conferring certain benefits on you.
Extending like this used to be standard practice, but can lead to difficulties - several of which have been mentioned already in this thread.
Technically the extension requires permission - IMO it is no longer exempted development since part of the new wall will be built not "entirely within his curtilege" but partly on your land.
Usually half the wall and the foundation were built on the adjoining owner's land.
A more restrained developer may hold even the footing back to the middle of the existing wall and this allows a space within which he cam construct an eaves, but usually the gutter overhangs.
This is a fine point of law that not all local authorities seem to be aware of.
There are possible amicable solutions available but they require professional advice and negotiation.
Statutory Instrument S.I. 600 of 2001 as amended refers (it was amended 2006 and 2008 at least, possibly more often)
On the other hand works to boundaries and party structures are governed by the Land Convenyancing Law Reform Act 2009, Chapter 3.
The relationship between these two pieces of legislation as well as the law of Easments and Profits á Prendre and the law of Tort [ + Nuisance and Negligence] has yet to be thrashed out in Court to my knowledge.
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.