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Garen/Property Boundaries

  • 22-09-2006 11:03am
    #1
    Closed Accounts Posts: 1


    I am wondering what the law is in terms of boundaries between neighbouring houses?

    If you were to have trees planted on the boundary between houses in a normal semi-detached housing estate what is the expected height at which you would say that they are unreasonably large? Would a height of 8 to 9 feet be considered too high?

    And does anyone know what options are available if they do indeed need to be trimmed back? Indeed is it possible for them to be removed completely?


Comments

  • Closed Accounts Posts: 313 ✭✭haz


    Tree height isn't an issue until you block access to somebody else's ammenity (usually light) or overhang their property. Trees need to be planted well into your land so as not to overhang when mature. The more space you have before they block an ammenity or overhang, the higher you can have them. I don't think that the view is an ammenity. Look up "leylandii" on Google or www.bailii.org, or the recent shrubicide attacks on the English Riviera to see how ridiculous tree disputes can get and what to avoid.

    My related, stupid, question:

    I recall being told that under old English law that the right-hand (when facing the property) boundary, fences, party-walls, chutes and roof seal are in the ownership and to be maintained by the owner - each house in a terrace or street say, would keep in repair the chutes and fences on their right. Is this so? There is no indication on my deeds and there are some broken fences and chutes I want to repair / have repaired. My neighbour is difficult to deal with and would create trouble even if I paid for his repairs, just for the sake of livening his day.


  • Closed Accounts Posts: 415 ✭✭Gobán Saor


    haz wrote:
    My neighbour is difficult to deal with and would create trouble even if I paid for his repairs, just for the sake of livening his day.
    Apply "difficult teenager" psychology to him. Tell him your solicitor has advised that it is HIS duty to make the repairs and keep pestering him to get the work done. He is almost certain, at some stage, to tell you to "f... off and do it your effing self" Problem solved:D ;)


  • Closed Accounts Posts: 313 ✭✭haz


    Gob&#225 wrote: »
    Problem solved:D ;)

    Fabulous idea, thanks!


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    haz wrote:
    My related, stupid, question:

    I recall being told that under old English law that the right-hand (when facing the property) boundary, fences, party-walls, chutes and roof seal are in the ownership and to be maintained by the owner - each house in a terrace or street say, would keep in repair the chutes and fences on their right. Is this so? There is no indication on my deeds and there are some broken fences and chutes I want to repair / have repaired. My neighbour is difficult to deal with and would create trouble even if I paid for his repairs, just for the sake of livening his day.
    To my knowledge that is not the case in Ireland, you are both responsible for maintaining the boundary line.


  • Registered Users, Registered Users 2 Posts: 9 kgirish


    hi new on here looking at getting an extention done to my house.its a detached house with one neighbour on my left and none to the right,to the right is a common small green area 8ft across,i want to build on the boundary wall on that side .I have been told that's ok as its not a party wall..
    any thoughts anyone ?


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  • Registered Users, Registered Users 2 Posts: 9 kgirish


    while am at it I have hedges down on what I thought was my land but im now being told its the residents area but the hedges have been there 14 yrs,i put them up to stop people trespassing onto my land as its open plan area.is it 12 yrs and then the land is mine by "adverse possession " ?? there asking me to take them up being very petty as its there 14 yrs and aesthetically the hedges look well and but they claim now its a common area.


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    kgirish wrote: »
    hi new on here looking at getting an extention done to my house.its a detached house with one neighbour on my left and none to the right,to the right is a common small green area 8ft across,i want to build on the boundary wall on that side .I have been told that's ok as its not a party wall..
    any thoughts anyone ?
    You will likely need planning permission as you can't claim it is the rear of the property if it is visible form the green like that. Wall is unlikely to be sufficient to support your extension. Will likely attract graffiti.

    Talk to local planning officials to see what their opinion is.


  • Registered Users, Registered Users 2 Posts: 9 kgirish


    Thanks victor but its adjacent to a common area 6 ft wide not a green as such. builing inside the boundry wall can lead to dampness.its a tricky one.


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