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Access to Build Boundry Wall

  • 07-02-2014 12:14pm
    #1
    Registered Users, Registered Users 2 Posts: 101 ✭✭


    Hi all
    Anyone here know what the situation would be if you refused a neighbour permission to enter your property to build a boundry wall and to demolish a portion of a shed to comply with a ABP directive.Im reluctant to allow access because of damage done during initial construction and dont really want my garden turned into a building site.Since I objected to the original retention application and instigated the ABP appeal its obvious to say myself and neighbour would not be on good terms and have not spoken a word in nearly two years.

    If I refuse permission to access my garden,this obviously puts this order in limbo and I was just wondering if anyone knows what would happen in that situation.


Comments

  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    antob wrote: »
    Hi all
    Anyone here know what the situation would be if you refused a neighbour permission to enter your property to build a boundry wall and to demolish a portion of a shed to comply with a ABP directive.Im reluctant to allow access because of damage done during initial construction and dont really want my garden turned into a building site.Since I objected to the original retention application and instigated the ABP appeal its obvious to say myself and neighbour would not be on good terms and have not spoken a word in nearly two years.

    If I refuse permission to access my garden,this obviously puts this order in limbo and I was just wondering if anyone knows what would happen in that situation.

    Why would you not want a proper boundary wall constructed?


  • Banned (with Prison Access) Posts: 322 ✭✭jpb14


    kceire wrote: »
    Why would you not want a proper boundary wall constructed?


    +1.
    Id rather a nice boundary wall and a friendly neighbour for life than all the hassle and falling out for many a year to come.
    The OP could also request that the neighbour and builder do a few "free jobs around the house and garden" in return for allowing builder and neighbour onto their land to build a nice boundary wall.


  • Banned (with Prison Access) Posts: 322 ✭✭jpb14


    antob wrote: »
    Hi all
    Anyone here know what the situation would be if you refused a neighbour permission to enter your property to build a boundry wall and to demolish a portion of a shed to comply with a ABP directive.Im reluctant to allow access because of damage done during initial construction and dont really want my garden turned into a building site.Since I objected to the original retention application and instigated the ABP appeal its obvious to say myself and neighbour would not be on good terms and have not spoken a word in nearly two years.

    If I refuse permission to access my garden,this obviously puts this order in limbo and I was just wondering if anyone knows what would happen in that situation.


    The work could be done from your neighbours side and the new boundary wall built from their side too.
    But bear in mind that the mortar lines of the wall will look like shyte on your side though,as the builder was denied access to your garden by you.;)
    Talk to the neighbour and builder and get a written plan or contract done up,and ask the builder to do a job or 2 in your garden or house for free and get this written down and signed off on.
    Thats the normal thing to do when a neighbour and their builder needs to go onto another neighbours land to do some work on an extension or build a garden wall.
    The builder and his crew cleans up your garden and restores it to the exact way it was prior to them working in the garden.
    Everyones a winner.:)


  • Registered Users, Registered Users 2 Posts: 101 ✭✭tb66


    Oh I do,currently the back of the shed is the boundry, but when building this shed initially he managed to partially knock down one of my walls which took 2 mths to be repaired and a futher 9 to get plastered/dashed and also left my garden full of building debris,and we were on good terms then!Obviously thats changed now and Im concerned what state my garden will be left in this time.


  • Banned (with Prison Access) Posts: 322 ✭✭jpb14


    antob wrote: »
    Oh I do,currently the back of the shed is the boundry, but when building this shed initially he managed to partially knock down one of my walls which took 2 mths to be repaired and a futher 9 to get plastered/dashed and also left my garden full of building debris,and we were on good terms then!Obviously thats changed now and Im concerned what state my garden will be left in this time.

    Talk to neighbour and builder.Take some pictures of the garden before the work and also review your garden with neighbour and builder.
    All 3 of you jointly write down a plan of works and sign off on it.All 3 of you get a copy of the plan.Plan also includes a small amount of garden or landscaping work that the builder will do for you for free,as a thankyou gesture.
    After new boundary wall is built,the builder does the"freebies" for you as a thankyou gesture for being allowed to work on your land to build the wall and smooth out mortar lines.
    You,your neighbour and builder then meet on your land and survey work carried out and see what if any damage has been done your land.Damage,if any,is fixed and yoyr garden gets cleaned up.

    Id much rather a nice new boundary wall and freindly neighbours than an enemy for life.


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  • Registered Users, Registered Users 2 Posts: 101 ✭✭tb66


    jpb14 wrote: »
    The work could be done from your neighbours side and the new boundary wall built from their side too.
    But bear in mind that the mortar lines of the wall will look like shyte on your side though,as the builder was denied access to your garden by you.;)
    Talk to the neighbour and builder and get a written plan or contract done up,and ask the builder to do a job or 2 in your garden or house for free and get this written down and signed off on.
    Thats the normal thing to do when a neighbour and their builder needs to go onto another neighbours land to do some work on an extension or build a garden wall.
    The builder and his crew cleans up your garden and restores it to the exact way it was prior to them working in the garden.
    Everyones a winner.:)

    The shed is already there so the only way to build this wall is from my side unfortunately.


  • Moderators, Home & Garden Moderators Posts: 10,145 Mod ✭✭✭✭BryanF


    http://www.engineersirelandcork.ie/downloads/CIOB%20CPD%20Lecture%2012Oct10%20J%20Lane%20B%20Holohan.pdf

    this might be worth a read, given that you technically have a structure to consider at the boundary wall


  • Registered Users, Registered Users 2 Posts: 8,671 ✭✭✭GarIT


    Get them to sign a contract and agree to say a €100 storage fee per day for building materials or waste being left on your land in return for allowing them access.


  • Registered Users, Registered Users 2 Posts: 101 ✭✭tb66


    Thanks for you ideas/input folks, however I think any type of "arrangement" for the want of a better word is a non runner.This is most likely going to be built as a nixer and due to the removal of near 3mtrs of this shed and the construction of a 10mtr long wall,there will be a fair bit of building/demolition work involved. I really dont want my property used as a launchpad for this but without my permission its going to be impossible to comply with the permission that was granted.

    What I really wanted to ascertain was what would the situation with the Council be If I refuse access and the works cannot be completed because of same.


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