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Boundary issue - neighbour keeps coming on my property

  • 11-03-2021 2:42pm
    #1
    Registered Users, Registered Users 2 Posts: 99 ✭✭


    Hi, I have a very loud, unpleasant and hostile neighbour who comes onto my property to tend to her side of the fence. Part of our boundary is split down the middle by some concrete, and the rest of the boundary is a fence she has put up slightly inwards on her side - please see attached photo.

    She thinks this makes her entitled to be on my property to tend to the "other" side of the fence.

    Do I have any right to tell her to stay off my property? Is there anything I can do, such as put a fence on my side?


Comments

  • Registered Users, Registered Users 2 Posts: 29,097 ✭✭✭✭looksee


    How much tending does a fence need? No, she can't come into your garden unless there is some sort of legal permission for her to do so - in the house deeds for example. How does she get in? Is she doing damage when she comes in? Is it worth making a fuss about? (I have some sympathy for your situation as we have/had something similar which we nipped in the bud right from the start, but damage was being done - unrequested pruning/hacking of our tree(s) that are entirely, branches and all, on our side of the boundary. I think the neighbour is more OCD/nature hater than malicious though.) If you decide it's worth pursuing and a conversation does not work then a solicitor's letter might.


  • Registered Users, Registered Users 2 Posts: 3,527 ✭✭✭Masala


    She might feel that you would not be in favor seeing that side of the hedge go wild etc.... so she trimming as a good neighbor to keep you from complaining of an unsightly hedge!.

    I presume she collects the clippings and brings them home with her

    Personally - I would prefer this scenario.


    I would not like to be clipping this hedge myself just cos it overhangs on my side - as thats another opening for a major fall-out!.


  • Registered Users, Registered Users 2 Posts: 99 ✭✭starf1sh


    Thanks for the response. She has many flowers/plants growing against her fence on her side and so she trims bits of them through the fence on our side (it's a hole-y chainlink fence). There's no fence towards the front of my property so she just walks around.

    Not sure if it's worth the fuss of speaking to her about it - as I said she's quite hostile (and a bully), but again that's the reason that I don't want to ever see/hear her on my property. I would like to know that I'd be ok to tell her to stay away or initiate building a solid fence on my side so I don't have to see her or she can't see me through it....


  • Registered Users, Registered Users 2 Posts: 99 ✭✭starf1sh


    Masala wrote: »
    She might feel that you would not be in favor seeing that side of the hedge go wild etc....

    I get what you mean, if she were a pleasant person it would be a different story....


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    Masala wrote: »
    She might feel that you would not be in favor seeing that side of the hedge go wild etc.... so she trimming as a good neighbor to keep you from complaining of an unsightly hedge!.

    I presume she collects the clippings and brings them home with her

    Personally - I would prefer this scenario.


    I would not like to be clipping this hedge myself just cos it overhangs on my side - as thats another opening for a major fall-out!.


    what hedge, if there is one, the OP hasnt highlighted it,

    the OP said they come onto their property to tend to their side of the fence!
    and that the neighbour is "loud, unpleasant and hostile", its hard to think the neighbour is doing favours, BUT they may not realise they are prickly.


    Id tell them outright not to come into your property, I assume they can gain access over the fence, in which case I cant see how they wouldnt be able to maintain the fence from their own side.
    I'd tell them you will maintain the other side of the fence even if thats not something you'd originally planned, you (the OP) can see it and it will be minimal effort.

    I'd say you'll do it if and when its possible, but if you dont they still dont have permission to access it.
    If they cant do it from their side, which seems unlikely or difficult, they will have to leave it be imo.


    What Id be concerend about (but which I would not give the neighbour ideas) is if you dont refuse access informally or formally and they do themself an injury and try make a claim. If you tell them and discreetly record when you are saying it to them (civilly) about not crossing the boundary, then I think that helps cover you against claims (but probably not completely) as technically that might be closer to trespassing than if you had said nothing and appeared to accept their intrusion.


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  • Registered Users, Registered Users 2 Posts: 720 ✭✭✭chancer12


    TBH, I'd ignore her and let her continue. If she's a bully then she's likely looking for a reaction so I wouldn't give her one. Lived beside a nightmare neighbour years ago and any engagement we had with him was negative. Once he got a reaction from us it escalated his behaviour even to the extent of the guards becoming involved. They looked him up on their system and he had a history of hassling people - so I'd let her garden away and pretend you don't notice.

    Best of luck!


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    chancer12 wrote: »
    TBH, I'd ignore her and let her continue. If she's a bully then she's likely looking for a reaction so I wouldn't give her one. Lived beside a nightmare neighbour years ago and any engagement we had with him was negative. Once he got a reaction from us it escalated his behaviour even to the extent of the guards becoming involved. They looked him up on their system and he had a history of hassling people - so I'd let her garden away and pretend you don't notice.

    Best of luck!


    I understand this perfectly myself, and agree with what you are saying to some extent having dealt with a bully, I still think its worth standing up to them in certain instances, but it depends on how significant the intrusion is and how hostile the person is, I was dealing with threats of physical violence and a host of issues, in the end the problems stopped because one Garda seemed to have a few words with the person, compared to others who brushed it off, the difference it makes is huge. I dont know what the Garda in particular said, but I suspect he fished out something from the person and realised the person was lying and possibly read him the riot act.


    starf1sh wrote: »
    Thanks for the response. She has many flowers/plants growing against her fence on her side and so she trims bits of them through the fence on our side (it's a hole-y chainlink fence). There's no fence towards the front of my property so she just walks around.

    Not sure if it's worth the fuss of speaking to her about it - as I said she's quite hostile (and a bully), but again that's the reason that I don't want to ever see/hear her on my property. I would like to know that I'd be ok to tell her to stay away or initiate building a solid fence on my side so I don't have to see her or she can't see me through it....


    I did not realise it was at the front, I was wondering how she was gaining access.

    If they are approachable, I'd suggest saying to her, (assuming you dont want her coming onto your property)
    "oh you dont need to snip the flowers coming through the fence, we think they look quite nice" or something similarily less direct and which cant be construed as confrontational than saying, "look here stop trespassing"
    If you dont want her on your property (and she is bristly herself, pun intended), the options are, you either trim them yourself or not at all.
    I realise you havent said anything about the hedging being a problem, just the neighbour.

    She may be doing it meaning well, it may be somewhat inconsiderate of others opinions or even unknowingly, or she may be very subtly passive aggressive and doing it blatantly intentionally to hope for a response.


    It somewhat depends on your existing dealings,
    In my experience (mentioned above) Im certain the guy was trying to provoke an argument or even a physical fight and then play the victim.


    The last resort is you could turn nasty yourself, which while I dont advocate, is sometimes the only way to deal with very unpleasant people, but return the favour as they do, go out and spray herbicide, unfortunate but I found difficult people prey on nice people as they themselves are weak and need that to lift them up, its either that or deck her (thats a joke! although some people would deserve it).
    My main concern with something like this is if someone trips or you have a nice (or even a not so nice car) or children who run about the place (or not) and they are swinging a shears about the place.


  • Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭Spanish Eyes


    If the situation escalates, I would put up a wooden fence inside your boundary and ignore her. I understand the current situation involves a chain link fence, so no wonder her plants are growing through it!

    You could politely ask if she wants a proper fence ON the boundary, but I’m guessing no would be the answer here.

    Best of luck, those with good and kind neighbours are very fortunate, but neighbours are not your friends they just live beside you and when they are neighbourly it’s great.


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    Be careful OP, if there is an inference that she is there at your invitation you have more responsibilities with regards to her safety. If you aren't prepared to trust her then make it clear she does not have permission to enter your property to attend to the hedge/boundary.

    Practically though you should consider fencing your side so the issue is redundant. Good fences make good neighbours and all that.


  • Registered Users, Registered Users 2 Posts: 17,190 ✭✭✭✭Sleeper12


    Put up something on your side to totally hide /block her fence from your side. Block wall or wooden fence


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  • Registered Users, Registered Users 2 Posts: 380 ✭✭Iodine1


    Sleeper12 wrote: »
    Put up something on your side to totally hide /block her fence from your side. Block wall or wooden fence

    This is the only answer that will give you peace and comfort in the future. Oh and close off access to the back of your house asap.


  • Registered Users, Registered Users 2 Posts: 361 ✭✭section4


    tell her you have changed your house insurance policy and in order to comply with your new policy conditions you cannot have anyone on your property as you will be liable if they get injured.


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    section4 wrote: »
    tell her you have changed your house insurance policy and in order to comply with your new policy conditions you cannot have anyone on your property as you will be liable if they get injured.


    Thats like inviting them to sue you,

    Other suggestions are more sensible


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    starf1sh wrote: »
    (it's a hole-y chainlink fence)
    Put up a wooden fence 3 inches away from her fence, so it's totally on your land. And damage done to it, file damages against her.


  • Registered Users, Registered Users 2 Posts: 361 ✭✭section4


    1874 wrote: »
    Thats like inviting them to sue you,

    Other suggestions are more sensible


    the idea is you are shifting the blame onto the insurance company
    and taking it away from yourself.

    i know a few people who did this and it worked because you come across as the innocent party and its not yout fault but the insurance companies and its beyond your control


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    section4 wrote: »
    the idea is you are shifting the blame onto the insurance company
    and taking it away from yourself.

    i know a few people who did this and it worked because you come across as the innocent party and its not yout fault but the insurance companies and its beyond your control


    Passive aggressive (or possibly just being passive) nonsense, who pays for the insurance?
    There is a difference between going in like a bull in a China shop and being direct but firm.

    It is completely implausible to say you have to live your life to comply with an insurance policy that cannot be adhered to, anyone could come onto your property, so you are in breach of your own insurance, its a joke.


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