Neighbour has issue with boundary wall I built

stevek93

Hi all,

I hope this is the right place for this post, I bought a house recently in my back yard there was no wall between my neighbours garden and my garden so I got a wall built.

The neighbour made a complaint today poking his head over the wall that I put the pillars of the wall on his side and not my side also I didn't ask for permission from him to build the wall. Does he have a point? He didn't pay for it I did.

coolbeans

stevek93 wrote: »

Hi all,

I hope this is the right place for this post, I bought a house recently in my back yard there was no wall between my neighbours garden and my garden so I got a wall built.

The neighbour made a complaint today poking his head over the wall that I put the pillars of the wall on his side and not my side also I didn't ask for permission from him to build the wall. Does he have a point? He didn't pay for it I did.

It's not a matter of payment it's a matter of you doing something that really should have been looked at by a Party Wall surveyor if there was any doubt as to the exact line. Now you've created an issue and it's not unreasonable for your neighbour to have a grievance especially if they're under the impression that they've lost some land. I'd be unhappy were I your neighbour and would expect you to pull it down and get then get a survey done. Otherwise you're just nicking land or that's how the neighbour will see it and they can't be blamed.
The Land and Conveyancing Law Reform Act 2009 is the relevant legislation.

JPCN1

Should really have asked...

Nice start to new neighbour relations.

trihead

Why oh why did you not have a quick word before your started building the wall?

Treppen

Ask him what you could do to remedy the situation.

Hallaz

I built one border wall, my neighbour did on the other side. We both have the pillars on our sides.

I was told from the bricklayer who built our wall that generally the person who builds the wall would have the pillars on their side (which i assume was to avoid above issue).

Spanish Eyes

OP sorry for your troubles, but you really should have approached neighbour with your plans.

Anyway, if the wall has been constructed within your boundary I think you will be ok. If ON the boundary the neighbour might have a point.

Did you check boundaries before building it?

antix80

It's long been considered good etiquette to put the rough side of the wall or fence facing your own property.
Very rude of you not to.
However once the structure doesn't extend onto his land there's nothing he can do about it.
So, you're a terrible human being and very inconsiderate but legally you should be fine.

Quantum Erasure

stevek93 wrote: »

The neighbour made a complaint today poking his head over the wall that I put the pillars of the wall on his side and not my side also I didn't ask for permission from him

was it said in a friendly banter way, or matter-of-factly, or in a accusatory way?

i wouldn't be tearing down the wall just yet.

punisher5112

Why didn't you come in even an inch from his side. Then none of his bees wax....

coolbeans

antix80 wrote: »

However once the structure doesn't extend onto his land there's nothing he can do about it.
So, you're a terrible human being and very inconsiderate but legally you should be fine.

How does the OP know if they've built on their land or not? Isn't that the issue?

JPCN1

Treppen wrote: »

Ask him what you could do to remedy the situation.

Good advice. Think you've started badly but try to placate him as you are neighbours and a bad neighbour is a pain in the ass...

colm_mcm

He obviously wasn’t bothered building a wall himself. Now he gets a free one.

Bit silly to not at least tell him the wall was being built. I guess that’s his real issue.

antix80

coolbeans wrote: »

How does the OP know if they've built on their land or not? Isn't that the issue?

It's only an issue if the op built on the boundary.

Etiquette is to face the pillars towards your own property.

The law is not to build on a neighbour's land without permission - so if it's a shared boundary permission should be sought.
The neighbour would be within his rights to set conditions.

Much better to build entirely on your own land. The neighbour can moan about the pillars but can't do anything about it.

punisher5112

antix80 wrote: »

It's only an issue if the op built on the boundary.

Etiquette is to face the pillars towards your own property.

The law is not to build on a neighbour's land without permission - so if it's a shared boundary permission should be sought.
The neighbour would be within his rights to set conditions.

Much better to build entirely on your own land. The neighbour can moan about the pillars but can't do anything about it.

Why though, if I'm paying I'll put it up on my side and if I lose a little bit the pillar will be on the other side.....

coolbeans

colm_mcm wrote: »

He obviously wasn’t bothered building a wall himself. Now he gets a free one.

Bit silly to not at least tell him the wall was being built. I guess that’s his real issue.

If the OP built on land that wasn't theirs that'll be an issue as well

stevek93

Thanks all, I really should have done my research into building the wall before asking the builder to go do it and asking the neighbour first I never would have seen it as an issue also the wall is erected months now,

Unrelated but what upset the neighbour was I planted grass seed and hung a black bag on the washing line to scare away the birds he was upset about the noise of the bag blowing in the wind then mentioned the wall issue. :rolleyes:

I have no idea or not if it is on the boundary my garden it’s a bit of a mess here there is concrete sheds built right up to my garden on two neighbouring gardens so it’s hard to tell.

stevek93

stevek93 wrote: »

Thanks all, I really should have done my research into building the wall before asking the builder to go do it and asking the neighbour first I never would have seen it as an issue also the wall is erected months now,

Unrelated but what upset the neighbour was I planted grass seed and hung a black bag on the washing line to scare away the birds he was upset about the noise of the bag blowing in the wind then mentioned the wall issue. :rolleyes:

I have no idea or not if it is on the boundary my garden it’s a bit of a mess here there is concrete sheds built right up to my garden on two neighbouring gardens so it’s hard to tell.

It really isn’t hard to tell, when you bought the property there would have been a boundary map.

Water John

Birds have little interest in grass seed. The biggest risk is slugs and you're better off having the birds eat them. The bag is a waste of time.

Check the etiquette of urban living. For example, don't cut a hedge that your neighbour has growing that invades your space. Tell him you wish to do it, or that he can do it himself.
Things can go pear shaped very easily. Excuse the pun but your best bet is to mend fences with your neighbour.

stevek93

Dav010 wrote: »

It really isn’t hard to tell, when you bought the property there would have been a boundary map.

Yes I have the map but it doesn’t make much sense only a few lines so I don’t know the measurements of from the house to where it ends at the back of the garden.

stevek93

Water John wrote: »

Birds have little interest in grass seed. The biggest risk is slugs and you're better off having the birds eat them. The bag is a waste of time.

Check the etiquette of urban living. For example, don't cut a hedge that your neighbour has growing that invades your space. Tell him you wish to do it, or that he can do it himself.
Things can go pear shaped very easily. Excuse the pun but your best bet is to mend fences with your neighbour.

Ok thanks it was suggested to me to put a bag so I did.

Yes last thing I need to be is worrying about the neighbours or have a problem with them, what happens if neighbour couldn’t be bothered to cut the hedge is it ok for me to cut it?

stevek93

stevek93 wrote: »

Yes I have the map but it doesn’t make much sense only a few lines so I don’t know the measurements of from the house to where it ends at the back of the garden.

Boundary/site maps have a scale, get out your ruler.

Water John

Water John wrote: »

Check the etiquette of urban living. For example, don't cut a hedge that your neighbour has growing that invades your space. Tell him you wish to do it, or that he can do it himself.
Things can go pear shaped very easily. Excuse the pun but your best bet is to mend fences with your neighbour.

Whatever about the ops situation that is rubbish. You have every right to cut anything growing into your property and I wouldn’t dream of asking.

Water John

stevek93 wrote: »

Ok thanks it was suggested to me to put a bag so I did.

Yes last thing I need to be is worrying about the neighbours or have a problem with them, what happens if neighbour couldn’t be bothered to cut the hedge is it ok for me to cut it?

No, you have to ask him/her. BTW if you do it, technically you must offer them the cuttings.
If your wall is on your land and is not too high, neighbour should be largely happy you built it.

Meeoow

I'm surprised that the builder put the pillars your neighbours side. Most decent brikkies would know the craic. I got a boundry wall built, tightwad neighbour didn't contribute, but I have the pillars.

stevek93

Dav010 wrote: »

Boundary/site maps have a scale, get out your ruler.

This is basically this what I have

http://ase-design.ie/wp-content/uploads/2013/08/Sample-Legal-Site-Plan-Boundary-Map1.jpg

stevek93

Meeoow wrote: »

I'm surprised that the builder put the pillars your neighbours side. Most decent brikkies would know the craic. I got a boundry wall built, tightwad neighbour didn't contribute, but I have the pillars.

Seems unreasonable for the non paying neighbour to have the nice side of the wall.

TheW1zard

The OP doesnt know if he built on his neighbours land holy moly! So did he guess or did the builder

stevek93

TheW1zard wrote: »

The OP doesnt know if he built on his neighbours land holy moly! So did he guess or did the builder

It is built within the boundary, but at the end of the day there needs to be a wall there if it is 1cm on the neighbours side does it really matter, if there is no wall there how could you keep a dog in the garden for example or each neighbour builds a wall on their own land and with space in the middle? Sounds rather silly.

Insidious

But if you built any of your wall on someone else's land then you are in the wrong. If it happened to me and you did it without discussion I would demand you knock it down and build it on your own land.

Atlantic Dawn

Insidious wrote: »

But if you built any of your wall on someone else's land then you are in the wrong. If it happened to me and you did it without discussion I would demand you knock it down and build it on your own land.

Exactly, it potentially devalues neighbours house as it couldn't be sold while disputed issue remains.

Treppen

Water John wrote: »

No, you have to ask him/her. BTW if you do it, technically you must offer them the cuttings.
If your wall is on your land and is not too high, neighbour should be largely happy you built it.

I thought once the growth is encroaching over your boundary you can chop away and their the cuttings back over!... Not that I would do such a thing..... In the daytime

stevek93

Atlantic Dawn wrote: »

Exactly, it potentially devalues neighbours house as it couldn't be sold while disputed issue remains.

Yes that is true but also if I knock it and there is a there is nothing and he tries to sell it would also devalue the neighbours house.

touts

stevek93 wrote: »

It is built within the boundary, but at the end of the day there needs to be a wall there if it is 1cm on the neighbours side does it really matter, if there is no wall there how could you keep a dog in the garden for example or each neighbour builds a wall on their own land and with space in the middle? Sounds rather silly.

Why does there "need" to be a wall there. Why not a fence. Or a hedge? The neighbour and previous owner obviously didn't see a need a wall was required so it must be "needed" because YOU decided it was needed and nothing else? So deep down you think your opinion matters more than that of your neighbours. You didn't even have enough respect for them to bother asking what they wanted. That's not the sort of attitude that is going to win you any friends among your neighbours.

touts

touts wrote: »

Why does there "need" to be a wall there. Why not a fence. Or a hedge? The neighbour and previous owner obviously didn't see a need a wall was required so it must be "needed" because YOU decided it was needed and nothing else? So deep down you think your opinion matters more than that of your neighbours. You didn't even have enough respect for them to bother asking what they wanted. That's not the sort of attitude that is going to win you any friends among your neighbours.

How is a fence or a hedge in any way different to a wall? There's no maintenance with a wall and a gust of wind won't have you running around fixing it all the time.

Plus OP already mentioned possibly having a dog. Doubt the neighbour would be keen on a dog ****ing in their garden for 5 years while they wait for a hedge to grow.


Anyway,

OP, my advice is to pop into the neighbour with a box of chocolate and a bottle of whiskey or wine or whatever they might be into. Chances are you ruined a good nights sleep with your bag, and that set them off, and any issue they may have had, came up as a big issue when they were having a row with you.

People get (understandably) annoyed when some randomer shows up and starts changing things without telling them. Building a wall is a good idea, and the neighbour would likely agree to it, but it's still a courtesy to call in and say hello and tell them the plan.

As for pillars, they're a minor intrusion if they are on the other persons land, but i can honestly say, in real life, I've never heard of anyone arguing over which side the pillars should/shouldn't be on. Other than the person building the wall, i dont think anyone cares about, or notices, pillars.

stevek93

touts wrote: »

Why does there "need" to be a wall there. Why not a fence. Or a hedge? The neighbour and previous owner obviously didn't see a need a wall was required so it must be "needed" because YOU decided it was needed and nothing else? So deep down you think your opinion matters more than that of your neighbours. You didn't even have enough respect for them to bother asking what they wanted. That's not the sort of attitude that is going to win you any friends among your neighbours.

Well if I park my bicycle in my garden and there is no wall the neighbour can walk on in and steal my bike can’t he or steal other stuff?

If the neighbour gets a dog it is going to be coming into my garden if I get a dog the dog will be able to go into the neighbours garden you get my point?

Every house has a wall between back garden seriously come on now.

There was a wooden fence that blew down after I moved in so I replaced it with a more permanent brick wall in the same spot.

coolbeans

stevek93 wrote: »

It is built within the boundary,

Are you sure about that because your neighbour seems to think otherwise? Are you just assuming, or guesstimating? If I were him I wouldn't be taking your word for it as your approach wasn't neighbourly from his pov.

[ quote="stevek93;114250078']
but at the end of the day there needs to be a wall there if it is 1cm on the neighbours side does it really matter, if there is no wall there how could you keep a dog in the garden for example or each neighbour builds a wall on their own land and with space in the middle? Sounds rather silly.[/quote]

You're missing the point entirely. The rough rule for developers is stay on your own land if you're not gonna bother engaging with the person on the other side. In fairness it's some liberty to assume otherwise.

You gotta admit here the wall isn't the problem your approach is the problem. The other points you're making are moot.

stevek93

[Deleted User] wrote: »

How is a fence or a hedge in any way different to a wall? There's no maintenance with a wall and a gust of wind won't have you running around fixing it all the time.

Plus OP already mentioned possibly having a dog. Doubt the neighbour would be keen on a dog ****ing in their garden for 5 years while they wait for a hedge to grow.



Anyway,

OP, my advice is to pop into the neighbour with a box of chocolate and a bottle of whiskey or wine or whatever they might be into. Chances are you ruined a good nights sleep with your bag, and that set them off, and any issue they may have had, came up as a big issue when they were having a row with you.

People get (understandably) annoyed when some randomer shows up and starts changing things without telling them. Building a wall is a good idea, and the neighbour would likely agree to it, but it's still a courtesy to call in and say hello and tell them the plan.

As for pillars, they're a minor intrusion if they are on the other persons land, but i can honestly say, in real life, I've never heard of anyone arguing over which side the pillars should/shouldn't be on. Other than the person building the wall, i dont think anyone cares about, or notices, pillars.

Thank you, out of everyone your post has made the most sense and has a remedy to the situation everyone is else seems to be going of on one. I’ll pop in tomorrow and make a mends.

stevek93

coolbeans wrote: »

Are you sure about that because your neighbour seems to think otherwise? Are you just assuming, or guesstimating? If I were him I wouldn't be taking your word for it as your approach wasn't neighbourly from his pov.

[ quote="stevek93;114250078']
but at the end of the day there needs to be a wall there if it is 1cm on the neighbours side does it really matter, if there is no wall there how could you keep a dog in the garden for example or each neighbour builds a wall on their own land and with space in the middle? Sounds rather silly.

Yes I am sure how I know is when these houses were built in the 50s there was a metal fence built between the gardens about the height of your knee. The two posts of that metal fence is still there either end of the garden and the wall is built in that space.

stevek93

stevek93 wrote: »

This is basically this what I have

http://ase-design.ie/wp-content/uploads/2013/08/Sample-Legal-Site-Plan-Boundary-Map1.jpg

Ask your solicitor for the map of the property you bought, it has a scale which outlines your property.

If you plan to live there for a long time, it helps to get on with neighbours.

punisher5112

By day I punish people at night I'm the bush man.... I cut bushes that are a sight for sore eyes...,

No more bushes

stevek93

punisher5112 wrote: »

By day I punish people at night I'm the bush man.... I cut bushes that are a sight for sore eyes...,

No more bushes

You sound like my neighbour.

punisher5112

stevek93 wrote: »

You sound like my neighbour.

I like a Brazilian

punisher5112

I'd say he neighbour has been so use to looking out and probably thinking isn't this marvelous, my garden is huge, he got a wake up call... Ohcrap it ain't .one....

I'd love a wall

stevek93

punisher5112 wrote: »

I'd say he neighbour has been so use to looking out and probably thinking isn't this marvelous, my garden is huge, he got a wake up call... Ohcrap it ain't .one....

I'd love a wall

Funny you say that but at the of his garden is like a jungle it is all over grown so he doesn’t even use the space where the wall is it was eye sore to look at before the wall was built.

joeguevara

Every time you come up with a reason you are in the right (loads of them are valid) you are moving further away from resolving it. If you have encroached on his side, he has the right to have you demolish the wall. Biggest reason being if he goes to sell and purchaser raises the boundary.

It is strange that he waited until it was completed before the complaint. Things like a noisy bag are him obviously getting more annoyed at the situation. You have to live beside him and nothing worse than tension between neighbours. Have a look at neighbours from hell series as how it can go so badly.

Invite him over, open a beer or wine or whatever and try and resolve it. I hope it works out.

mickdw

The point about the metal fence marking posts is interesting.
If you had kept all parts of the new wall your side of the centre of the marker posts, you could tell neighbour to whistle as you built the wall on your property and he can do as he wishes to his rear boundary.
If its as it sounds and you have built the wall on the boundary, well then, he should have been consulted.

Atlantic Dawn

To cut to the chase, you made a mistake, level the wall, start again, lesson learned.

con___manx1

If its on his land he could take a sledge hammer to your wall even if just one part of it is over the boundary. It's would be his land so he can do what he likes there.
You should have got a surveyor to make sure it was built in the right place.
How would you feel if a neighbour took your land. You have made an enemy of your neighbour already.

Atlantic Dawn

Atlantic Dawn wrote: »

To cut to the chase, you made a mistake, level the wall, start again, lesson learned.

Are you the fella that built the wall, trying to drum up more work?

con___manx1 wrote: »

If its on his land he could take a sledge hammer to your wall even if just one part of it is over the boundary. It's would be his land so he can do what he likes there.

Handy to know for next time someone else parks their car in my driveway.

:rolleyes: