Neighbour changed a window to doorway - opens into my property

[lialwarrior]

My neighbour has renovated his building which sits in my field but has its main door (previously it was the only door) on his lane way, so basically the wall of his building is the boundary line.

He has converted what was a window opening into a doorway (which open inwards to his building), which now means that access from his building is directly out into my field. Is he allowed do this?

They claim that the window was originally once a doorway, but my family has been lived on the farm for over 50 years and there was never a doorway there.

The reason they have done this is so they can have a fire escape - they will be using this building as a conference room for customers.

I hope this makes sense. Mod's if I have posted in the wrong forum, please move to correct forum.

 

[mummol]

If you were to erect a boundary between the two properties then it would in effect block a fire exit?

That can't be right - my first port of call would be to the local planning authority and to fire safety officers.

 

[sydthebeat]

Th efire safety officer would never allow a fire exit onto an adjoining property ont under the ownership of the building occupiers, wthout the permission of the landowner.

i agree with mummol above...
first port of call is the local fire officer, the next is the planning authority as what they have done, in effect, needs planning. Did they get planning?

What is the current use of the building?

 

[mercman]

How about telling you neighours in a polite manner of your intentions before you do it.It might save a lot of time and hasstle.

 

[lialwarrior]

Mercman, we have asked them on 2 occasions while they were renovating to remove the doorway and reinstate it back to a window, but they continued on regardless.

 

[Hillsalt]

Take photos. It will help you to prove your case.

 

[Guest117]

Agree with other posters

Take photos - every day if works are still going on

Look for some old photos that show the window in place

Check if they have any planning permission for opening a door here

Check if they have planning for any work at all

Contact fire officer

If this door is to be a fire escape then I think there needs to be access from it away from the building and to a designated fire assembly point. If their building is to for public use they will need to have a fire cert and that will include an escape plan. If you are within your rights to block his designsted fire exit by say, placing a shed on your own land then he cannot ( I think ) have a proper fire cert. You should be able to ( at the very least ) force him to pay you for a narrow right of way to use the exit. If this "right of way" type of arrangement does not suit you then prepare for battle!

have fun

 

[rmelly]

Just think about it; they should need planning permission to change a window to a door.

Are you sure about that? An extension can be built without permission if it doesn't exceed a set of guidelines, I've seen neighbours add patio doors without permission. Is adding a door considered so major a change that planning permission is always required?

 

[DavyJones]

Are you sure about that? An extension can be built without permission if it doesn't exceed a set of guidelines, I've seen neighbours add patio doors without permission. Is adding a door considered so major a change that planning permission is always required?

I think it has more to do with the fact it opens on/into OP property. I know a case where a pub needed a fire exit but it opened onto an adjoining laneway that belonged to another commercial property. A lot of money passed hands for a right of way.

 

[PMU]

You need to get onto your solicitor immediately in this one. Your neighbour could obtain a right of way by easement over your property if the door remains.

 

[sydthebeat]

Are you sure about that? An extension can be built without permission if it doesn't exceed a set of guidelines, I've seen neighbours add patio doors without permission. Is adding a door considered so major a change that planning permission is always required?

davy is correct....

there is no exempted development to the external of non-domestic buildings. as the op stated that it is intended to be used as a conference centre then its not domestic, therefore planning is required

 

[rmelly]

davy is correct....

there is no exempted development to the external of non-domestic buildings. as the op stated that it is intended to be used as a conference centre then its not domestic, therefore planning is required

cool, thanks.

 

[TomC]

Most counties have plaaning permission available to view on the internet see if this door was on the planning application if there is one, I would go to your solicitor if they ignored you twice during the build.
Best of Luck.

 

[Mercantilist]

Im slightly shocked by how mean and un-neighbourly you all are. Why would you not want the people in that building to escape from fire over your land? Would you prefer them to burn to death?

 

[aircobra19]

Im slightly shocked by how mean and un-neighbourly you all are. Why would you not want the people in that building to escape from fire over your land? Would you prefer them to burn to death?

You're missing the point. Why can they not build the escape on any of the other 3 walls? Why did they deliberate put it on this wall?

 

[Mercantilist]

If your neighbour put his hand in your pocket and removed your weeks wages or better still took and used your atm card to withdraw 20 grand; how would you feel ?

The neighbour is building a fire door on his own building. Hes not stealing anything from anyone.

The fact is that property = money and if the neighbour is building something illegal and trying to get away with this then he is not only behaving unlawfully

Are you a judge or something? Show me the Act of Oireachteas that says converting a window to a door is "illegal"

Cant' you see why any landowner would be concerned ?

No I cant.

Or do you believe that people have the right to build absolutely anything they like without any concern for their neighbours ?

No, why? Did I give that impression?

The facts as stated by the OP is that he doesnt want people escaping from fire through his land, which according to my set of values makes him a very mean and nasty person.

 

[Mercantilist]

You're missing the point. Why can they not build the escape on any of the other 3 walls? Why did they deliberate put it on this wall?

If that is the point, then why didnt the OP make it?
Probably because the room where the conferences are in, doesnt have one of the other 3 walls as an external wall.

 

[DavyJones]

Mercantilist, The OP's neighbour should have discussed it with him first and came to some arrangement. you just can't trespass onto private property without consent. there are also insurance issues.

If your neighbour was to put a door in, that opened into your back lawn, what would you think?

 

[Mercantilist]

Mercantilist, The OP's neighbour should have discussed it with him first and came to some arrangement.

I agree with you there.

you just can't trespass onto private property without consent. there are also insurance issues.

I disagree. I think its perfectly acceptable to trespass, when youre escaping from a burning building.

If your neighbour was to put a door in, that opened into your back lawn, what would you think?

The neighbour isnt putting in a door, hes putting in a Fire Door. If if was a regular door, I would agree with you.

 

[Mercantilist]

In a roundabout way he is stealing the neighbours peace of mind but in a very real way ...................etc

Well you have your opinion, and I have mine.

The OP can call his solicitor and start whining in court about his rights or whatever. Thats his choice. And if he feels really strongly about it, he can wait till he hears the sound of a fire alarm going off and try and serve writs on the people escaping from the fire.