Fence between ours and neighbours garden

average_runner · 23-04-2015 2:42pm #1

The fence between us and our neighbour garden is falling apart, we want to build a wall and they want to do nothing.

I have two questions:

1) Do I need their permission to remove the fence and the cement pillars?
2) They are against the idea of a wall, so can I build the wall on my land up against the fence without permission?
3) Is there any planning permission needed?

I should note, we are willing to pay for the full cost of the wall.

arthur daly · 23-04-2015 7:19pm

You are entitled to build a wall on your property,seen as you don't mind putting it on your side work away..there are hight restrictions of 6ftish(could be wrong)

SuperS54 · 24-04-2015 6:00am

Suggest finding someway to preserve the original boundary, once you build the wall then it may psychologically become the new boundary, losing you a foot or more of your garden as you won't able to dig foundations close to the existing fence. If your neighbour is against it, how will you have access to their side to build and render the wall and later maintain? I'd look at understanding what their objection to doing anything is and work from there, have you made the offer that you will cover all costs?

average_runner · 24-04-2015 7:18am

SuperS54 wrote: »

Suggest finding someway to preserve the original boundary, once you build the wall then it may psychologically become the new boundary, losing you a foot or more of your garden as you won't able to dig foundations close to the existing fence. If your neighbour is against it, how will you have access to their side to build and render the wall and later maintain? I'd look at understanding what their objection to doing anything is and work from there, have you made the offer that you will cover all costs?

If we build it on our property, we won't be rendering there side.

SuperS54 · 24-04-2015 8:52am

You may have to, you'll certainly need access for pointing and cleaning up.

bryangiggsy · 24-04-2015 8:55am

average_runner wrote: »

If we build it on our property, we won't be rendering there side.

once they hear you are paying i dont think you will have any problems whatsoever putting it in the middle.....free wall for them!!!

average_runner · 24-04-2015 9:52am

SuperS54 wrote: »

You may have to, you'll certainly need access for pointing and cleaning up.

Rendering a wall is optional, we built a wall with our other neighbours and no rendering was done. We did it a year later on our end.

The wall will not get pointing done on the other side as the fence will block it, no access to it.

As for cleaning up, we will clean any thing that goes into their garden of course

average_runner · 24-04-2015 9:52am

bryangiggsy wrote: »

once they hear you are paying i dont think you will have any problems whatsoever putting it in the middle.....free wall for them!!!

You would think wouldn't you. Doesn't seem to be though ! The thing is, i understand they are tight on the money front, so that's why we said we pay for it.

daheff · 24-04-2015 11:00am

average_runner wrote: »

You would think wouldn't you. Doesn't seem to be though ! The thing is, i understand they are tight on the money front, so that's why we said we pay for it.

This may be their issue. They dont have the money to do it, and might feel that if you were to pay for the wall that they would 'owe' you for it anyways. And people dont like to feel they owe people money.

If you are hell bent on building a wall regardless of your neighbours views, its going to cause ill feeling between you. That and the fact that a fence with a wall behind it will look weird/ugly for your neighbours.

average_runner · 24-04-2015 11:30am

daheff wrote: »

This may be their issue. They dont have the money to do it, and might feel that if you were to pay for the wall that they would 'owe' you for it anyways. And people dont like to feel they owe people money.

If you are hell bent on building a wall regardless of your neighbours views, its going to cause ill feeling between you. That and the fact that a fence with a wall behind it will look weird/ugly for your neighbours.

I agree, but neighbours also have a dog, it can get its mouth thru the holes, so i am afraid my kids could put their hand up against it, and hence the dog and kids will suffer.

So i am willing to go with the ill feeling, as long term its the best approach

Dardania · 24-04-2015 12:20pm

What about repairing the wood, with something more resilient?

sydthebeat · 24-04-2015 12:23pm

average_runner wrote: »

I agree, but neighbours also have a dog, it can get its mouth thru the holes, so i am afraid my kids could put their hand up against it, and hence the dog and kids will suffer.

So i am willing to go with the ill feeling, as long term its the best approach

youre taking the right approach

average_runner · 24-04-2015 1:00pm

Dardania wrote: »

What about repairing the wood, with something more resilient?

Thats a short term approach that will cost more over time. They said 4 years they would do it in a few years, but keep putting it off.

Life is too short to spend painting fences every year. Rather something maintenance free

slimjimmc · 24-04-2015 2:15pm

How about cladding your side of the existing fence with a maintenance free/low maintenance fencing (plastic or pvc coated steel) ?

dathi · 25-04-2015 10:44am

if this is a concrete post with timber panel fence you can change the timber panels for concrete panels without moving the posts. other than that dig it up and replace with conc block wall. had the same problem here neighbor had a staffie cross which kept pushing through hedge hedge was on our side of fence dug it up and replaced it with wall .she didnt talk to us for a couple of months but got over it and is grand now.

Calahonda52 · 25-04-2015 11:20am

OP, if thou want to build along the boundary and preserve the line and in the context of the ill feeling/danger to kids etc then consider this
http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0043.html#sec43

Key points: [my take on them]
you can get court order at district court level to gain access, they can't stop you.
you pay to restore their property so foto it, hard copy, not digital before u start.
from it:

(2) Subject to subsection (3), in exercising any right under subsection (1) the building owner shall—

(a) make good all damage caused to the adjoining owner as a consequence of the works, or reimburse the adjoining owner the reasonable costs and expenses of such making good, and

(b) pay to the adjoining owner—

(i) the reasonable costs of obtaining professional advice with regard to the likely consequences of the works, and

(ii) reasonable compensation for any inconvenience caused by the works.

(3) The building owner may—

(a) claim from the adjoining owner as a contribution to, or deduct from any reimbursement of, the cost and expenses of making good such damage under subsection (2)(a), or

(b) deduct from compensation under subsection (2)(b)(ii),

such sum as will take into account the proportionate use or enjoyment of the party structure which the adjoining owner makes or, it is reasonable to assume, is likely to make.

Fence between ours and neighbours garden

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