Neighbour Building a Wall in the Garden

sydthebeat

44.— (1) Subject to subsection (2), a building owner may carry out works to a party structure for the purpose of—

(a) compliance with any statutory provision or any notice or order under such a provision, or

(b) carrying out development which is exempted development or development for which planning permission has been obtained or compliance with any condition attached to such permission, or

(c) preservation of the party structure or of any building or unbuilt-on land of which it forms a part, or

(d) carrying out any other works which—

(i) will not cause substantial damage or inconvenience to the adjoining owner, or

(ii) if they may or will cause such damage or inconvenience, it is nevertheless reasonable to carry them out.

(2) Subject to subsection (3), in exercising any right under subsection (1) the building owner shall—

(a) make good all damage caused to the adjoining owner as a consequence of the works, or reimburse the adjoining owner the reasonable costs and expenses of such making good, and

(b) pay to the adjoining owner—

(i) the reasonable costs of obtaining professional advice with regard to the likely consequences of the works, and

(ii) reasonable compensation for any inconvenience caused by the works.

(3) The building owner may—

(a) claim from the adjoining owner as a contribution to, or deduct from any reimbursement of, the cost and expenses of making good such damage under subsection (2)(a), or

(b) deduct from compensation under subsection (2)(b)(ii),

such sum as will take into account the proportionate use or enjoyment of the party structure which the adjoining owner makes or, it is reasonable to assume, is likely to make.

(4) If—

(a) a building owner fails within a reasonable time to—

(i) make good damage under subsection (2)(a), the adjoining owner may apply to the court for an order requiring the damage to be made good and on such application the court may make such order as it thinks fit, or

(ii) reimburse costs and expenses under subsection (2)(a) or to pay reasonable costs or compensation under subsection (2)(b), the adjoining owner may recover such costs, expenses or compensation as a simple contract debt in a court of competent jurisdiction.

(b) an adjoining owner fails to meet a claim to a contribution under subsection (3)(a), the building owner may recover such contribution as a simple contract debt in a court of competent jurisdiction.

http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#sec44

the_pen_turner

hurikane wrote: »

You’re completely derailing this thread. What’s a quote got to do with anything?

im not derailing the thread. im responding to you saying it costs him nothing to build the wall which is completely wrong.


if i quote a job at 10k and it uses x amount of materials and i order extra they are mine. the customer has nothing to do with them, they are not paying for them i am out of my wages or profit.

Xtrail14

Get a kango when Lidl get them back on special buys and start undermining the foundations. Only kango when neighbour is out.

Gumbo

If the pillars are what will cause neighbourly tensions for years in the future, then why not agree to widen the foundations each side a bit. Build the wall with 215mm cavity blocks. No piers on either side then.

The wall can be strengthened with some vertical rebar if required and a nice capping on top.
Both sides happy.
Centre the wall on the boundary line
No piers any side.

Neighbors going forward. Always nice to have good neighbors. You won’t understand until you have bad neighbors.

C3PO

bob2oo7 wrote: »

Happy to let him at it, with the pillars on his side!!

I would agree with you on that one Op!

listermint

the_pen_turner wrote: »

im not derailing the thread. im responding to you saying it costs him nothing to build the wall which is completely wrong.


if i quote a job at 10k and it uses x amount of materials and i order extra they are mine. the customer has nothing to do with them, they are not paying for them i am out of my wages or profit.

This is the first time I've heard of a job having the exact materials and nothing left over.

Jesus you must be good.

Or else making it up.

the_pen_turner

listermint wrote: »

This is the first time I've heard of a job having the exact materials and nothing left over.

Jesus you must be good.

Or else making it up.

im not saying there is no waste or a few left over but not hundreds. maybe a bale . we have often done jobs like this where you work it out fairly accuratly and have only a few left over or have to get a few loose ones to finish up. its not rocket science

Gumbo

bob2oo7 wrote: »

Happy to let him at it, with the pillars on his side!!

C3PO wrote: »

I would agree with you on that one Op!

I would never recommend this method.
The face of the wall that faces you is still owned by the neighbor. You then have to give him access everytime he wants to carry out maintenance.
This removes a portion land adjacent to the wall that you can’t do anything to.

Build it on the boundary. You can then maintain your side to your liking. Paint. Render. Fencing. Plants. Whatever.

Gumbo

the_pen_turner wrote: »

im not saying there is no waste or a few left over but not hundreds. maybe a bale . we have often done jobs like this where you work it out fairly accuratly and have only a few left over or have to get a few loose ones to finish up. its not rocket science

I think other posters think blocks are a commodity.
They are a nuisance and not worth the time it takes to load them into a van carefully and then unload them.

A solid block can be got for 88c delivered to your door. Most builders won’t save blocks. They go in the skip.

C3PO

Gumbo wrote: »

I would never recommend this method.
The face of the wall that faces you is still owned by the neighbor. You then have to give him access everytime he wants to carry out maintenance.
This removes a portion land adjacent to the wall that you can’t do anything to.

Build it on the boundary. You can then maintain your side to your liking. Paint. Render. Fencing. Plants. Whatever.

I’m sorry, I don’t understand why asking him to put the pillars on his side of the wall would change that?

Gumbo

C3PO wrote: »

I’m sorry, I don’t understand why asking him to put the pillars on his side of the wall would change that?

It doesn’t. So don’t be sorry.
That’s why in always recommend a 215mm cavity block wall with capping at top.

Both sides have a clean wall. No piers.

hurikane

the_pen_turner wrote: »

im not derailing the thread. im responding to you saying it costs him nothing to build the wall which is completely wrong.


if i quote a job at 10k and it uses x amount of materials and i order extra they are mine. the customer has nothing to do with them, they are not paying for them i am out of my wages or profit.

I never said that. Thread is not about you and your quote.

the_pen_turner

hurikane wrote: »

Probably using materials left over after jobs. I don’t bill the wife when I doing work on the house.

this is what you said

hurikane

the_pen_turner wrote: »

this is what you said

Don’t see any mention of costing nothing.

the_pen_turner

hurikane wrote: »

Don’t see any mention of costing nothing.

your saying the materials were billed to somone else and he wont charge himself for the labour.
so yes you are.

hurikane

the_pen_turner wrote: »

your saying the materials were billed to somone else and he wont charge himself for the labour.
so yes you are.

Never said they were billed to someone else. However I have seen that. Deliveries going to two addresses.

Gumbo

the_pen_turner wrote: »

this is what you said

hurikane wrote: »

Don’t see any mention of costing nothing.

Ok guys. The point has been made. Leave it at that.