Wall constructed on land without permission.

d1234

Hi all, I am hoping that you can give me some helpful suggestions to the following problem.

We live in the countryside and some time ago a neighbour of ours built piers and a wall on our land. It is within the 12 year timeframe of acquisition. It is quite clear from the land registry maps that the wall has been built on our property. Prior to this there was a hedge which was as we would have liked it. My father owned the property at the time and he was in his 80s and passed away last year and since then I acquired the house and land. They also erected electronic gates which also connect with the pier. They also interfered with the drainage and our land has become regularly waterlogged since.

I am looking for any ideas as to what I can do. There was no p.p so therefore we couldnt have objected. Is there anything i can do - do I need to see a surveyor or can anyone refer me to any previous legal cases??

Cheers
D

Lantus

Do you know your neighbour well? Could you approach them with plans and discuss this?

You can still make a formal complaint to the local coco. Also how within the boundary is the wall. Is it on the boundary? 1m inside? 3 m?

Do you have proof the drainage was altered?

Victor

It may be useful to talk to a solicitor and a land surveyor.

d1234

Hi all, many thanks for the replies received. I really appreciate the time taken to respond.

Lantus - unfortunately we do not associate ourselves with our neighbours. They have engaged in antisocial behaviour over the years. I'm no expert on this issue really and truly. There was a standard hedge there before that which was replaced with their wall and piers. I checked the land reports/maps and it certainly is on our land which is no surprise. They created a lane way adjacent to our hedgerow some years ago.

Victor - thanks for that info. Would I be best to contact a specialised solicitor say land law or would the local solicitor do? Also I'm interested in the surveyor idea. Any ideas as to where I could find an appropriate one?

Thanks in advance,

D

MDwyer

oh def talk to a legal expert ive plenty of chancers like this bullies is all they are assuming youll be afraid to say anything

Victor

d1234 wrote: »

Would I be best to contact a specialised solicitor say land law or would the local solicitor do?

Most local solicitors in general practice should be able to do it.

Also I'm interested in the surveyor idea. Any ideas as to where I could find an appropriate one?

There should be a members directory here: https://www.scsi.ie/ Using someone local may be useful in keeping costs down. Using someone used to legal work may also be useful.

NUTLEY BOY

Unfortunately with property there is an element of "use it or lose it".

If someone appropriates part of your land you have to assert your rights. Otherwise, if you acquiesce in the face of the intrusion you may end up being deemed to have accepted it.

As far as planning permission goes I don't know if the wall and piers constitute a development that requires permission. Talk to the planning department of your local authority. They might call and have a look. It will not cost you anything. If there has been any apparent breach of planning your neighbour might end up having to make a retrospective application for permission to retain the development. This assumes that the development is one for which permission would have been granted. If that happens you would then be entitled to make representations about the development.

The local authority should be quite interested if the development interfered with public drainage. If not, you have the job of resolving the drainage issue in relation to your own land.

Otherwise, it is as others suggested - a solicitor's advice and a survey in relation to boundaries, the structure in question and the drainage. In relation to the latter you may need an engineer.

Be aware that these types of disputes can be very expensive if you have to resort to litigation. When consulting a solicitor be sure to get the usual mandatory letter advising you of likely legal costs.

This may be a situation whereby the economics and the risk of litigation may outweigh the principle and you might be better to leave it alone. Take advice first.

littlevillage

My uncle is dealing with a similar situation. A narrow laneway was widened where the wall on his side was moved back (about 4 or 5 feet) to allow a widened roadway by the neighbour on the other side. Currently going through solicitor. Got a surveyor out and reviewed maps etc. Its all a bit messy.

I think in these situations a small bit of consultation beforehand would have avoided a lot of problems. But of course some people just chance their arm .. in the hope that maybe some sleepy auld fella won't object etc.

Get a Solicitor and go after yer man with all you've got.... otherwise you might find some other even worse shenanigans in the future.

How does the song go

"If you tolerate this, you're children will be next"

https://www.youtube.com/watch?v=cX8szNPgrEs

d1234

Thanks to all for the constructive feedback to date. I will take your ideas on board an seek legal advice. cheers D

Miaireland

A friend when through something similar (so similar that I thought for a second that you are them). They tried the approaching the neightbour to no affect. Eventually had to go down the law route. They used a local Solicitor and had no problem, the maps and everything backed up their case. Their neightbour had to remove the wall, replant trees and hedging and removed gates.

d1234

Hi Miaireland, glad to hear that they got a good outcome! Out of interest, was the wall up for long??

MDwyer

littlevillage wrote: »

But of course some people just chance their arm .. in the hope that maybe some sleepy auld fella won't object etc.

yes exactly

Pat Mustard

d1234 wrote: »

Also I'm interested in the surveyor idea. Any ideas as to where I could find an appropriate one?

I'd suggest that you should go to a solicitor first.

The solicitor should be able to take up the relevant maps and should be able to recommend an engineer who is used to litigation. Such an engineer should be able to compare the maps to the boundaries on the ground, advise, prepare the necessary report and appear in court as a witness if absolutely necessary.

Neighbour/boundary disputes can get nasty so you will need a recommendation for an experienced solicitor who will have your interests at heart.

Litigation should be the last resort but it often occurs in these matters, unfortunately.

Victor

Pat Mustard wrote: »

The solicitor should be able to take up the relevant maps and should be able to recommend an engineer who is used to litigation. Such an engineer should be able to compare the maps to the boundaries on the ground, advise, prepare the necessary report and appear in court as a witness if absolutely necessary.

The engineer is just going to hire a land surveyor and double the fee chargeable.

Was there any communictaion at the time the wall was built?. Since he is deceased your neighbour may claim that he got verbal permission from your Dad to build the walls.. and you wouldnt be able to refute this.

On the other hand if there is evidence that there were words, letters or something at the time, this would strengthen your case.

If you go down the legal route, be sure to keep a close eye on the costs.. you can get sucked into legal actions and the costs can snowball.