Neighbor Wants to Knock Boundary Wall. Is This A Problem If I WanT to Sell?

Discussion in 'Askaboutlaw' started by Wishes, Mar 28, 2011.

  1. Wishes

    Wishes Frequent Poster

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    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?
     
  2. StaroftheSea

    StaroftheSea Frequent Poster

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    sounds like it could be. Why does he want to do this anyway?
     
  3. Wishes

    Wishes Frequent Poster

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    Apparently his builder has stumbled across a problem and needs to partially knock the wall to build in its place.
     
  4. PaddyBloggit

    PaddyBloggit Frequent Poster

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    Tell him forget it.

    He'll end up building on your land.
     
  5. Eithneangela

    Eithneangela Frequent Poster

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    + 1. Would cause tremendous problems down the road when trying to sell or extend your own home.
     
  6. Bronte

    Bronte Frequent Poster

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    Is the extension going to be on the boundary, as in instead of a boundary wall you'll have an extension wall? If it's not interfering with your boundary than there shouldn't be any problem. Presumably he has planning for what he is doing and you've examined the planning files and had no objection.
     
  7. Wishes

    Wishes Frequent Poster

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    Yes I'll have an extension wall instead.
     
  8. NHG

    NHG Frequent Poster

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    With overhanging gutters etc in your grounds! If you ever want to build or sell it could effect you.

    I would not agree if it was mine.
     
  9. monagt

    monagt Frequent Poster

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    Last edited: Mar 29, 2011
    Get professional advice. NHG is correct, overhanging elements will destroy your boundary freedom. Be good if you were building an extension together.
    Also, "inches make pounds for solicitors"
    Once the wall is removed, where exactly is the boundary? (unless a surveyor has surveyed it with coordinates as in USA)

    Do any agreement in writing with plans & professionals involved.
     
    Last edited: Mar 29, 2011
  10. csirl

    csirl Frequent Poster

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    Over time, he will acquire the few inches of land under the overhang of the roof, gutters etc. that are in your garden - could be a nightmare selling as is an adverse possession situation. Buyers would also be put off by this as it may restrict their ability to extend at a later date.

    If it were me, I wouldnt allow anyone to touch the party wall. They should build the extension wall a few inches inside the party wall so that any overhang is within their own property and the extension does not interfere with the boundary wall.
     
  11. StaroftheSea

    StaroftheSea Frequent Poster

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    I agree with the above. Don't agree to this. Whatever hastle you think you might be avoiding will be more than made up for down the line if this goes ahead. You stick to your side of the wall and he should stick to his. As far as I know, you own half (the half on your side) of the boundary wall, so he is building on your side.....
     
  12. Marion

    Marion Moderator

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    I asked my neighbour to do this, prior to submitting a planning application and prior to final drawings, on the advice of my professional. They said no. I didn't mind in the slightest because, in fairness, I would have said no if they had asked me to do the same thing.

    The extension was built inside my boundary.

    I am actually much happier because it means that there is a separate and distinct boundary wall.

    Just say no politely.

    Marion
     
  13. Wishes

    Wishes Frequent Poster

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    I came home from work this evening and builder had partially removed the the boundary wall after being told this was not to happen.

    The Gardai can do nothing for me so I will have to contact the council first thing in the morning.
     
  14. monagt

    monagt Frequent Poster

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    Get a Solicitor letter out stopping all work and requesting reinstatement of boundary!!
     
  15. Marion

    Marion Moderator

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    Sorry to hear that wishes.

    In the meantime, inform your neighbours that no further works are to continue on your property and that you are awaiting advices.

    Marion
     
  16. PaddyBloggit

    PaddyBloggit Frequent Poster

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    What has Council got to do with it?

    'Tis a solicitor you should be calling.
     
  17. Peter54

    Peter54 Frequent Poster

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    +1

    This is shocking behavior. OP whatever you do you must not allow them build inside your property boundary. The same thing happened to good friends of mine some years back. They allowed their neighbors build an extension wall. For years and still to this day their neighbor comes into their garden to water flowers they have hanging on the boundary wall!!! Plus every Summer without fail they come into their garden to paint the extension boundary wall.

    I doubt very much you want to through all that.
     
  18. onq

    onq Former user

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    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 รก Prendre and the law of Tort [ + Nuisance and Negligence] has yet to be thrashed out in Court to my knowledge.

    ONQ.

    http://www.oneillquigley.eu

    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.
     
  19. Superman

    Superman Frequent Poster

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    There may not be a huge amount the council can do - it is more of a legal matter.
    A solicitor letter would be useful at this point - if you think things are going to go badly. Otherwise give them one more chance and then get solicitor involved.

    Under no circumstances should you allow them to build on or over your land without a written agreement as to the extent of the rights accrued etc. - at their expense.