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Party wall in wrong place for 10 years

  • 25-07-2012 8:30pm
    #1
    JimBob101
    Registered Users, Registered Users 2 Posts: 13 ✭


    Our neighbor built a wall between our 2 properties prior to us buying the property a few years ago. The wall was built almost a meter over the boundary on our side, but as our property was not being maintained by the prior owner, nobody objected at the time.

    We have discussed it with our neighbor and she agrees that she was at fault (or her builders as she claims). However she now argues that as the wall has been in place for so long, so owns the land on her side of the wall.

    Is this correct from a legal standpoint? Seems to be rather unfair if it is. The plans which we purchased the house from shows the property in question on our side. What is the best approach to settling the issue. We would like to reclaim the space and are happy to pay the cost of knocking and rebuilding the wall in the correct position. Ideally we would not like to fall out with her as in all other respects she has been a great neighbour and friend.
    Tagged:


Comments

  • #2
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    Sorry about that! Dodgy internet connection = double post!


  • #3
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    You need to establish exactly when the wall was built.

    Very simply, if the wall has been there more than 12 years, your neighbour would have 'aquired' the land/part of your garden by adverse possession, and there is (probably) little you can do about it! However, if less than 12 years, then it is (probably) simple trespass and I believe you would have every right to have her move the wall.

    Can you get any documentary proof of when the wall was built?

    Note: That's a very simplistic explanation! I would suggest get an opinion from your solicitor.


  • #4
    muffler
    Registered Users, Registered Users 2 Posts: 46,553 ✭✭✭✭muffler


    Sorry folks but we dont do the legal stuff here and this is a clear cut legal issue based on what has been posted. In fact the legal discussion forum probably wouldn't even entertain this.

    OP you need to discuss this with your solicitor and be guided by him/her.

    Thread closed.


This discussion has been closed.
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