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Drain pipe issues

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  • 28-07-2019 1:35pm
    #1
    Ballyhooha
    Registered Users Posts: 3 ✭


    Hi. I would really appreciate some advice on this matter, thanks. My father's neighbours recently built a wrap around extension, lied to him, told him it was a shed so he wouldn't think to object, and as a result, there's no love lost between them.
    He just trimmed the ivy on the boundary wall, and discovered, that they drilled through the wall, and now there is a drain pipe half way up the wall on his side. What, if anything, can he do about this situation as he feels that they have taken advantage of a man in his 80's. Thanks again.


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    #2
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Given that the neighbour will not discuss this it is solicitor time.
    Check neighbour's planning permission.
    Leaving open for discussion subject to forum rule on legal advice


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    #3
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    It is not exactly clear what has happened here.

    In general terms, if a neighbour places structures on an adjacent property without agreement that may be an arguable trespass.
    If so, there may be a cause of action to have it removed or corrected.

    As nuac says above have a look at the planning permission that was granted.
    Also, look at the original planning application as that will be the basis on which the planning application was decided.
    If the neighbour has deviated significantly from that for which permission was granted this may be an issue for the planning authority to deal with as far as planning law goes.

    Planning permission is not a licence to do what you like.
    Planning permission will be decided according to planning law. Other issues like trespass, nuisance and so on arising from a "development" like this are probably not of interest to a planning authority.
    Therefore, it would fall to an affected neighbour to seek remedies for problems arising.

    Finally, do not let this sit. Silence in the face of an actionable error or act can become an implied consent. Also, if the problem is substantial it might have implications for sale of the affected property in the future.

    +1 nuac's advice on a solicitor to deal with this.


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