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Damage to boundary wall?

  • 01-09-2015 4:46pm
    #1
    Registered Users Posts: 8


    Hi

    Probably a simple answer to this so forgive me if it's a stupid question. The boundary wall between my house and my neighbours (we're in a terraced house) has cracked. We're not sure of it but it there is a large tree growing close to the wall on our side and we think it may be the roots which have done the damage. The wall needs to be replaced - should I ask my neighbour to make a contribution to the wall?

    It needs to be rebuilt in cavity blocks as it's currently built in 9 inch blocks and I've been told this isn't suitable.

    I definitely don't expect my neighbour to contribute half of the cost but as it's a boundary wall should they contribute a nominal amount seeing as they will be getting a new (and better constructed wall) out of it?


Comments

  • Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,624 Mod ✭✭✭✭delly


    Thread moved from Gardening to C&P at OPs request


  • Registered Users Posts: 12,072 ✭✭✭✭Calahonda52


    http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html
    deals with such issues: u also need to sort the root
    I presume u mean 9" on edge so 4" thick wall.

    I would look at 4" on flat on good foundations, quicker and better than cavity

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 8 greycan


    We're going to be cutting down the tree and killing the stump so hopefully that will solve any future issues.

    Forgive my ignorance but the act you referenced doesn't make any sense to me at all. Is there a dummies guide? ;)


  • Registered Users Posts: 12,072 ✭✭✭✭Calahonda52


    greycan wrote: »
    We're going to be cutting down the tree and killing the stump so hopefully that will solve any future issues.

    Forgive my ignorance but the act you referenced doesn't make any sense to me at all. Is there a dummies guide? ;)

    u need to did out the stump that passes under the wall.

    44.— (1) Subject to subsection (2), a building owner YOU may carry out works to a party structure for the purpose of—

    (a) compliance with any statutory provision or any notice or order under such a provision, or

    (b) carrying out development which is exempted development or development for which planning permission has been obtained or compliance with any condition attached to such permission, or

    (c) preservation of the party structure or of any building or unbuilt-on land of which it forms a part, or

    (d) carrying out any other works which—

    (i) will not cause substantial damage or inconvenience to the adjoining owner, or

    (ii) if they may or will cause such damage or inconvenience, it is nevertheless reasonable to carry them out.

    (2) Subject to subsection (3), in exercising any right under subsection (1) the building owner shall—

    (a) make good all damage caused to the adjoining owner as a consequence of the works, or reimburse the adjoining owner the reasonable costs and expenses of such making good, and

    (b) pay to the adjoining ownerTHEM

    (i) the reasonable costs of obtaining professional advice with regard to the likely consequences of the works, and

    (ii) reasonable compensation for any inconvenience caused by the works.

    (3) The building owner may

    (a) claim from the adjoining owner as a contribution to, or deduct from any reimbursement of, the cost and expenses of making good such damage under subsection (2)(a), or

    (b) deduct from compensation under subsection (2)(b)(ii),

    such sum as will take into account the proportionate use or enjoyment of the party structure which the adjoining owner makes or, it is reasonable to assume, is likely to make.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 8 greycan


    So if I'm reading it correctly, we are responsible for carrying out the work (which I always felt was the case anyway) but we are entitled to ask for a contribution towards the wall?

    Or does it read that we are responsible for carrying out the works and we are also responsible for restoring their garden to the condition it was in before the works but that we are entitled to ask for a contribution towards making their garden good again?

    Sorry, I can be a bit dim when it comes to things like this.


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  • Registered Users Posts: 12,072 ✭✭✭✭Calahonda52


    The main thrust of the act is that their consent is not required for "relevant work", if the refuse the works order sorts out the consent issue.

    see here
    http://www.lynchsolicitors.ie/wp-content/uploads/2013/05/Party-Walls.pdf

    so yes re the work as u damaged the wall and therefore they are not obliged to help: whereas if the wall blew down in the wind and neither of u want ed to clain=m on insurance it would be 50/50

    equally if u both agreed to have a new wall built for some, non damage reason
    yes re restoration to as it was
    no re
    are entitled to ask for a contribution towards making their garden good again?

    what that clause is about is that if there was no wall and u built one, under a works order that benefitted them as well, then u could go look for some contribution: usually only arises if there is a works order or some very agreeable neighbours

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 8 greycan


    Ah so it is as I feared. Ah well. Thanks for your help!


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