Question re property boundary.

AlmostQuick

Hope this is the right place for this, I'm looking for some advice. My house is a semi-d and my neighbour doesn't speak to me since I politely asked him to stop drilling one Sunday morning. Our front garden is shared without a divide. Last week while we were out he put a line of pegs in the lawn, presumably to mark a boundary- I think he may intend tarmacing his side. My question is should I simply ignore the pegs, I don't really want a confrontation with him. The line he marked is probably in or around the boundary but really I don't know how that should be decided and I'm really annoyed that he did it without any consultation with us. Am I better to ignore it or am I entitled to remove what he's put down?

Calahonda52

This item on working on Party Structures, as defined within, may help
http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html

The essence of the section is that, for the ordinary punter, you cannot withhold consent if the item being worked on fits the definition.

I say ordinary punter because I am sure if you have a deep enough pocket someone will pursue an action in the High Court for you:D

I am not a lawyer but an engineer so what would be interesting if it is tarmac or concrete what he does for drainage: i.e., will it all flow over to your side.

I can tell you that if the tarmac/concrete is laid by you know who and it ends up being drained to your side, you can forget about anyone fixing it for you.

if this was my gaff, I would engage with him, now, this evening, in writing, referring him to the above legislation.

if he is changing his side I would insist that he put in a proper foundation to allow you build a small boundary wall, maybe only one block high, just for the drainage issue and to finalise the boundary.

You may have to contribute something but its better than having no boundary.

Good luck

Ken.

Maybe it's time to bury the hatchet with the neighbour. Have you considered getting your own front patch tarmac'd? It might work out cheaper to get a bigger area done in one go rather than 2 separate jobs.

My uncle and his neighbour got their front's cobble locked. Split the cost and it worked out cheaper. The people doing it put down 3 or 4 posts at the boundary and put a shin high timber fence on it to de mark the different houses. It looks lovely compared to other houses where neighbours done it at different times and the blocks are different colours and going the opposite way.

nuac

If you are in an estate, check your title.

There may be covenants against fencing or paving the front lawn

4ensic15

Planning permission is needed to convert more 2 parking spaces from soft to hard stand.

AlmostQuick

Thanks for all the advice folks. I came home this evening and he has six large (6 ft or so) evergreen trees in pots in his back garden so I'm guessing he's planning on planting these to divide the front garden to divide the properties. They'll likely block the evening light from our sitting room but I've been told that trees or hedges are different to a wall and aren't subject to restrictions. I don't know if there's anything I can do if he goes ahead and plants them.

secman

AlmostQuick wrote: »

Thanks for all the advice folks. I came home this evening and he has six large (6 ft or so) evergreen trees in pots in his back garden so I'm guessing he's planning on planting these to divide the front garden to divide the properties. They'll likely block the evening light from our sitting room but I've been told that trees or hedges are different to a wall and aren't subject to restrictions. I don't know if there's anything I can do if he goes ahead and plants them.

Hopefully not leylandii

Frynge

secman wrote: »

Hopefully not leylandii

Aren't rabbits terible for gnawing at the base of the bark on them? A bit like what a pairing knife would do?

brian_t

AlmostQuick wrote: »

he has six large (6 ft or so) evergreen trees in pots in his back garden .

I presume that if he does plant them in his front garden then the entire tree would have to be on his side of the boundary - at least to start with.

He couldn't just plant them on the boundary with half the folliage protruding into your garden.

AlmostQuick

brian_t wrote: »

I presume that if he does plant them in his front garden then the entire tree would have to be on his side of the boundary - at least to start with.

He couldn't just plant them on the boundary with half the folliage protruding into your garden.

I wonder, otherwise surely I could cut them back to the boundary from my side leaving him with half trees!

ohnonotgmail

brian_t wrote: »

I presume that if he does plant them in his front garden then the entire tree would have to be on his side of the boundary - at least to start with.

He couldn't just plant them on the boundary with half the folliage protruding into your garden.

and even if he does plant them entirely on his side you are within your rights to removed any branches that overlap into your side. Once you return them to him. cant imagine that would be healthy for a young tree.

AlmostQuick

secman wrote: »

Hopefully not leylandii

If they are, there's presumably nothing I could do?

Ken.

Where my mother lives the estate rules say hedge's can't be any higher than the front wall. Maybe their is something similar in your estate about shrubs and trees.

AlmostQuick

ken wrote: »

Where my mother lives the estate rules say hedge's can't be any higher than the front wall. Maybe their is something similar in your estate about shrubs and trees.

I wonder how I'd find that out, it's a private estate?

ohnonotgmail

AlmostQuick wrote: »

I wonder how I'd find that out, it's a private estate?

As advised earlier check the title for your property. A quick call to the solicitor you used to buy the house would probably get you the answer.

AlmostQuick

ohnonotgmail wrote: »

As advised earlier check the title for your property. A quick call to the solicitor you used to buy the house would probably get you the answer.

I have the deeds to my house and associated paperwork, would it be in that?

ohnonotgmail

AlmostQuick wrote: »

I have the deeds to my house and associated paperwork, would it be in that?

should be.

nuac

AlmostQuick wrote: »

I wonder how I'd find that out, it's a private estate?

Read the Transfer/Conveyance to you.

There are usually conditions and covenants re boundaries.

Also as advised above check the PP

AlmostQuick

nuac wrote: »

Read the Transfer/Conveyance to you.

There are usually conditions and covenants re boundaries.

Also as advised above check the PP

I had a good look and there's no mention of boundaries etc except for general stuff for particular parts of the estate (adjoining green areas etc). The estate is around 35 years old and was finished with open front gardens ie no divides. Many properties have hedges, walls etc at this stage but nothing out of the ordinary.

the_pen_turner

what about any structural damage to your property of front wall. surely trees like that could cause all sorts of problems later on

NUTLEY BOY

the_pen_turner wrote: »

what about any structural damage to your property of front wall. surely trees like that could cause all sorts of problems later on

Precisely so.

Trees can be trimmed back to a boundary line.

However, you cannot see the roots which will inevitably travel across the boundary and trespass. Roots can cause damage by penetrating foundations, undermining walls or, in the long run, causing subsidence by abstraction of ground water.

Additionally, if there are any underground services running near the boundary roots will get them in time. This could include your main water supply pipe, any sewerage pipes [if you happen to have them at the front] especially of the older clay type, and any cables.

Much of what happens will depend on what type of trees are used as some will put out long roots especially when they get high.

I would put all of this to the neighbour before he starts planting and ask him if he has thought about these aspects of the matter. If he is decent he will moderate his plans. If he is a lout he will ignore you at which stage you have two options : Speak to your local council's planning department to see if the development requires permission and or speak to your solicitor.