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Gutter hanging over neighbour property

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  • 28-01-2015 9:50am
    #1
    cinloom
    Registered Users Posts: 62 ✭✭


    Hi, My husband and I are in process to purchase a semi detached house outside dublin.
    After a OSI map problem cleared, we went to the house we want to buy with a surveyor to check if the map was correct.
    The surveyor told us the map is correct but the gutter of the house extension is hanging over neighbour property and a letter from the neighbour accepting that is enough.
    So my sollicitor went to request the letter to the vendor sollicitor.
    The estate agent contact me then telling me my sollicitor is over demanding and she sold a lot of house with this and we risk that the vendor put the house on sales again with a price increase.
    It seems The vendor do not know where to contact the neighbour as nobody live in there at the moment.
    does somebody has any advice for us or can share their experience ?


Comments

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    #2
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,765 Mod ✭✭✭✭L1011


    Listen to your solicitors advice, not an EA who does not work for you


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    #3
    Big Cheese
    Registered Users Posts: 124 ✭✭Big Cheese


    L1011 wrote:
    Listen to your solicitors advice, not an EA who does not work for you


    Exactly


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    #4
    Wabbit Ears
    Registered Users Posts: 3,042 ✭✭✭Wabbit Ears


    this is a good reference thread for the question that often comes up with regards to using the dividing wall for extensions and why its not a good idea to allow or do it.


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    #5
    RORY O CONNOR
    Registered Users Posts: 270 ✭✭RORY O CONNOR


    If the gutter is hanging over the boundary it is a breach of the boundary. You need a letter from next door saying they don't mind or will not cause an issue.But its up to the vendor to supply that.


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    #6
    ballyharpat
    Registered Users Posts: 1,769 ✭✭✭ballyharpat


    if it's pre-existing, I do not believe it to be a problem, once the extension is not new. I had the same problem with a purchase, the neighbour can do nothing about it-my neighbour was not happy about it, but there was nothing he could do :)-even if you wanted to repair/replace it. If it interferes with them wanting to do an exension/renovation, theyt have to figure out what to do about the flow of water, a non-issue for you as a buyer as far as I'm aware....


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    #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,471 Mod ✭✭✭✭Gumbo


    ballyharpat wrote: »
    if it's pre-existing, I do not believe it to be a problem, once the extension is not new. I had the same problem with a purchase, the neighbour can do nothing about it-my neighbour was not happy about it, but there was nothing he could do :)-even if you wanted to repair/replace it. If it interferes with them wanting to do an exension/renovation, theyt have to figure out what to do about the flow of water, a non-issue for you as a buyer as far as I'm aware....

    I think legally, you are wrong here.
    If my neighbour over sailed the boundary without my permission and didn't rectify it in a timely manner then it would be removed one way or another.

    I think you are getting mixed up with planning enforcement laws and the 7 year rule etc but that don't apply to civil matters.


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    #8
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Folks can you leave the legal advice to the professionals. Thanks


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    #9
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    I'd take the mods and L1011s advice, definitely don't let the vendor or estate agent put you under pressure, it's their problem to sort not yours.


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    #10
    ballyharpat
    Registered Users Posts: 1,769 ✭✭✭ballyharpat


    kceire wrote: »
    I think legally, you are wrong here.
    If my neighbour over sailed the boundary without my permission and didn't rectify it in a timely manner then it would be removed one way or another.

    I think you are getting mixed up with planning enforcement laws and the 7 year rule etc but that don't apply to civil matters.

    In my situation, the gutter was put up in the '80s, with the agreement of the then owner, It was a different owner when I purchased the property, while he was not happy about the situation, fortunately, there was nothing he could do about it, as it was in place when he purchased the property....oif course all situatons may differ in some way....


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