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Railings problem

  • 05-09-2015 10:10am
    #1
    Registered Users, Registered Users 2 Posts: 45


    Both me and my neighbour are renting... It's a small apartment block just my apartment on top of hers...we both have our own entrance and small garden and dividing wall... At the side of the apartments is a small walkway that lead to our esb boxes, our gas boxes and our phone lines and shores etc...there is a low wall beside these walkway seperating it from the street.The problem here is my neighbour paid to have a railing placed along ALL the walls surroundING the building and placed a gate with a padlock across the entrance to the walkway...I now have no access to any of my boxes unless I knock into her and ask her to open the gate or climb over the railings...on the wall that divides our entrances the railings is right on the very edge making my bell and the number of my door on her side of the railings... Many many arguements have been had..
    Can I get the railings removed and the gate removed... Where do I stand????


Comments

  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    Will they not give you a key?

    What height is the railing?
    If its on the street and over 4 feet from footpath, including wall perhaps it needs planning.
    Are there any windows from your apt that open over the walkway that u might need to use for a fire exit?
    Is there a management company.?
    What about her landlord, is the tenancy registered with the PRTB or what ever it is.
    It is a dead end , just for meters, what purpose do railings serve?

    Its a shared area so they can't block it off?

    Re the bell, that is unacceptable so I would have it cut off

    the following may help you, it may not apply to pats but there are some ideas there
    http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html

    I would be telling them that you intend getting a works order, at their expense, from the district court to remove the bit by your door as they have encroached on your rights.
    Hope this helps

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



  • Registered Users, Registered Users 2 Posts: 45 chick7


    Will they not give you a key?

    What height is the railing?
    If its on the street and over 4 feet from footpath, including wall perhaps it needs planning.
    Are there any windows from your apt that open over the walkway that u might need to use for a fire exit?
    Is there a management company.?
    What about her landlord, is the tenancy registered with the PRTB or what ever it is.
    It is a dead end , just for meters, what purpose do railings serve?

    Its a shared area so they can't block it off?

    Re the bell, that is unacceptable so I would have it cut off

    the following may help you, it may not apply to pats but there are some ideas there
    http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html

    I would be telling them that you intend getting a works order, at their expense, from the district court to remove the bit by your door as they have encroached on your rights.
    Hope this helps



    No she will not give me a key.. Right now she is gone on holiday and I have zero access to my boxes..
    We are both renting from the council

    My living room window opens over the walkway and the railways was just put there to stop children sitting on the wall


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    chick7 wrote: »
    No she will not give me a key.. Right now she is gone on holiday and I have zero access to my boxes..
    We are both renting from the council

    My living room window opens over the walkway and the railways was just put there to stop children sitting on the wall

    we take it up with the council: in addition, what other fire exits have you: not my area, perhaps some of the others here can help
    For what is worth the regs are all here :
    http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,1640,en.pdf
    but its not for the faint hearted, and that includes me :D

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



  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    She would be very silly to add all this and its not ever her property.

    Council straight away op


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    She would be very silly to add all this and its not ever her property.

    Council straight away op

    In fact OP, she is on hols so perfect chance to go to council while she is away

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



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  • Registered Users, Registered Users 2 Posts: 45 chick7


    Thank you so much.. I have taken photos and am going to the council first thing in the morning armed with all this info


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    chick7 wrote: »
    Thank you so much.. I have taken photos and am going to the council first thing in the morning armed with all this info
    I, as are the others here, always glad to help in these situations.
    keep us posted when u can.:)

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



  • Registered Users, Registered Users 2 Posts: 45 chick7


    here is some pictures i took...this one shows my house and hers....im the door nearest....her house is in the background.....as you can see the wall she put her railings on is not even attached to her house but attached to mine.....my number 15 is now in her garden and my buzzer is also in her garden


  • Registered Users, Registered Users 2 Posts: 45 chick7


    this picture shows her gate with the padlock closing the walkway


  • Registered Users, Registered Users 2 Posts: 45 chick7


    and the last one shows the boxes on the side of the house which she has enclosed in her garden.....i know its not that high but i cannot even get the esb to come out and check my meter because they are not insured to be climbing walls


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  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    I doubt it that work was done without council consent.
    May be wrong but that not a cheap job

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



  • Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    chick7 wrote: »
    Both me and my neighbour are renting... It's a small apartment block just my apartment on top of hers...we both have our own entrance and small garden and dividing wall... At the side of the apartments is a small walkway that lead to our esb boxes, our gas boxes and our phone lines and shores etc...there is a low wall beside these walkway seperating it from the street.The problem here is my neighbour paid to have a railing placed along ALL the walls surroundING the building and placed a gate with a padlock across the entrance to the walkway...I now have no access to any of my boxes unless I knock into her and ask her to open the gate or climb over the railings...on the wall that divides our entrances the railings is right on the very edge making my bell and the number of my door on her side of the railings... Many many arguements have been had..
    Can I get the railings removed and the gate removed... Where do I stand????

    Landlord first - and if he doesn't get & give you a key, then let him cut the lock and put one of his on, and let him give you one of his. The other tenant can then ask the landlord for a key when she gets back...............and explain what she's up to whilst she's at it.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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