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Dividing wall between properties

  • 18-06-2011 2:04pm
    #1
    Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭


    I was out walking through our housing estate during the week and noticed that one garden stuck out and I noticed that the dividing garden wall between the two properties was over completely on one owners garden which means that the other owner has no access to their side entrance (semi detached). I was chatting to a friend in the estate who knows the people who have the bigger garden and he said that they have written consent from the previous owner of the house (with no access to the side entrance) that they came to an "agreement" . Can this be right? Can someone move the boundry wall on someone's elses property by "agreement"?


Comments

  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Yes, if the person who now has the smaller garden sold the strip of land.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    coylemj wrote: »
    Yes, if the person who now has the smaller garden sold the strip of land.
    Wouldn't it need to be changed on the deeds of both house's also?
    If it wasn't then the person buying the one with the smaller strip could in theory demand what they paid for as per the deeds.


  • Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    But wouldnt both parties have to apply for some type of planning permission in order to change their boundries of their property? . Or is it that simple to do?


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    lucyfur09 wrote: »
    Wouldn't it need to be changed on the deeds of both house's also?
    If it wasn't then the person buying the one with the smaller strip could in theory demand what they paid for as per the deeds.

    That's why you pay a solicitor to handle the transfer of the property. Are you implying that the guy with the smaller garden bought the property with deeds that shows he is entitled to more of the land than what he actually has use of?

    There's no such thing as an 'agreement' when it comes to selling and buying property, what's in the deeds is what you get ownership of, end of story.


  • Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    The guy with the smaller garden has no access to his side entrance or back gate (Semi Detached)


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  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    The guy with the smaller garden has no access to his side entrance or back gate (Semi Detached)

    We understand the physical setup, it's as you told us in your original post. Looking at the guy with the smaller garden - were things as they are now when he moved in or was the boundary wall moved after he arrived on the scene?


  • Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    From what I know the guy with the bigger garden has been there over 20 yrs and the guy with the smaller garden is there around 5 yrs, as far as I know the small garden was like that when he moved in.


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Does the guy with the smaller garden have a greenhouse?


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    From what I know the guy with the bigger garden has been there over 20 yrs and the guy with the smaller garden is there around 5 yrs, as far as I know the small garden was like that when he moved in.

    So five years ago he viewed the house, engaged a solicitor, made an offer on the house and now owns it and all the while the dividing wall between the two properties was and is as it is today - so what's the issue?


  • Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    I would presume he bought the house like that, my query was that was it ok to move a boundry wall thats all and it seems to have been answered, thank you.
    As for the greenhouse question I dont know if he has one.


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