Boundary Wall Dispute

Morak Thun

I am looking for views/advice.

In April 2016 I returned home from holidays to find my neighbour had constructed a canopy on the boundary wall between or houses (as per the attached photos). He did not consult with me or seek my permission for this construction and I immediately expressed to him that I was unhappy with it.

It intrudes onto my property (preventing me from properly opening my gate) and naturally gathers water and debris which would normally fall on his side of the wall and diverts it onto my property. I accept that the impact of this is minimal, but it is a negative impact all the same. Furthermore it looks dreadful.

I have continuously advised him that I want it either removed in full, or cut back onto his side of the property and off the top of the boundary wall. If he decides to keep it, I want him to install some sort of gutter, again fully on his side of the wall, to gather water and dirt etc. to prevent it from impacting on my property.

We have discussed it a number of times since and he has assured me that it will be sorted, yet 15 months later nothing has been done.

I feel like I am wasting my time waiting for him to do something about it so need to start considering other options.

Am I being unreasonable?

What are my/his rights/entitlements?

Is this a local corporation planning issue, or will it be necessary to seek resolution via a solicitor and legal action?

Many thanks in advance.

Calahonda52

You are a very patient person, with lots of inner peace.: I would have hitched it to the jeep.
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3
helps with such issues, so I would recommend that you print this off and show it to your neighbour and tell him that you intend to seek a works order in the courts, district , to remove it in its entirety at his expense, you legals alone could be 2.5k

This process allows you access his property without his consent.

naughtysmurf

I can't help you in any way whatsoever except to say that NO you are not being unreasonable, besides it looking sh1te, wtf was he thinking that he thought that it would be ok, if my neighbour did that we'd be having serious words

mikeybrennan

No your not unreasonable

If he was cheeky enough to put it up he's prob cheeky enough to leave it there

Gumbo

Morak Thun wrote: »

Is this a local corporation planning issue, or will it be necessary to seek resolution via a solicitor and legal action?

Many thanks in advance.

The works would be considered exempt from planning so the Council will not get involved.

It's a civil issue, so the legal route would seem to be the only option here.

I would have blown fuse by now tbh

Special Interest

Hi,

You are extremely patient. A very poor attitude shown by your neighbour..

The Local Authority would have grounds for an enforcement action against your neighbour if they take the reasonable and considered view that his "development" extended beyond the "curtilage" of his dwelling and therefore fell out of the scope of being exempted development.

dev100

I'd be weighing up which lump hammer to use but I d settle for a jig saw and cut the sheeting on his side and pull off the short portion... that way you won't worry about water and crap falling on your side

Lumen

15 months! WTF!

Gumbo

Special Interest wrote: »

Hi,

You are extremely patient. A very poor attitude shown by your neighbour..

The Local Authority would have grounds for an enforcement action against your neighbour if they take the reasonable and considered view that his "development" extended beyond the "curtilage" of his dwelling and therefore fell out of the scope of being exempted development.

They will not take action.
While one may argue that it's oversailing the boundary, it's a civil matter that determines where the exact boundary is.

The LA will not take any planning enforcement proceedings based on my personal experience in many cases similar to this.

A Battered Mars Bar

Sledge hammer it to fxxk. Should've been done 14 months 3 weeks 6 days 23hrs 59 minutes ago.

Or build an elaborate gutter for him that discharges through his letter box

mikeymouse

What a pr1ck !!!
It looks very flimsy and the bottom wall plate appears to only rest on the boundary wall with no straps.
A good push backwards or forward on a windy night should slide it off the wall.
Failing that ,you could do a mirror lean to to your gable wall ,
and where his sheeting finishes run your roof sheeting across the wall onto his side,
and for good measure turn your rear gutter onto your lean to

jmBuildExt

My sympathy!
What purpose does it even serve?

Anyway, in these matters you still have to live next door to him. It depends on your personality (and his), If it was me I'd probably offer to give him a hand taking it down on a particular day - that way at least you get a solid date and its not as hostile/threatening as walking in there with legislation.
But, Maybe you have done this already and the law is your only option.

Im just thinking about the fact you still want to be able to exchange pleasentries, and maybe your kids are same age etc etc.

tradesman

your neighbour cannot collect water & discharge it onto your property. Just ask politely to have it taken down within 14 days or you will take it further.

Seve OB

OP have you "fixed" it for him yet?

Can't believe you let it go on so long

touchdown77

Bear in mind that if the situation went in front of a judge, it would be important that you act in a 'timely fashion' otherwise the view could be taken that you acquiesced to the situation.

You also should be seen to be reasonable at all times, so give the neighbour adequate warning, chance to remove & rectify but importantly act when timelimits have been passed.