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pipe extending on boundary wall

  • 18-01-2023 10:35pm
    #1
    Registered Users Posts: 310 ✭✭


    Hi, I'm just wondering would anyone have any advice or had the same issue themselves. We're currently doing an extension and the builder has put a svp on the side of the new house where it goes on top of the boundary wall a little (it doesn't go over onto their property at all and sticks to our half of the boundary wall if we were splitting it). They're currently trying to sell the house and they want the pipe moved. Our builder is saying that no one owns the air above the wall so they can't get it moved if we don't want to move it but I can't find anything that says that in the legislation etc. Would anyone know what our position would be in relation to same? We get along well with them and are happy for the builder to come up with another position for the svp but we were just wondering is what the builder is saying true or not. Thanks for your help



Comments

  • Registered Users Posts: 757 ✭✭✭C. Eastwood


    The Law on boundaries is very simple.

    But it is important that the exact location of the boundary is capable of clearly identified. Sometimes to ascertain the exact centre is not easily identified.

    For an example, say that there is a 100 mm concrete block wall boundary identified and accepted and agreed as the boundary and is indisputable . Then the owners of the land at both sides own 50 mm of the wall in to the centreline of the wall. Once that line of the Boundary is established- the law is as follows:-

    Cuius est solum, eius est usque ad coelum et ad inferos(Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell")[1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below.

    Any part of a property projecting over this boundary line is committing a Trespass.

    If your SVP is projecting over your boundary line by 0.5 mm, it is trespassing in to your neighbours property.

    Tell your Builder to stick to Building and to refrain from giving totally incorrect Legal Advice, and telling porkies.

    My advice is that if your new SVP pipe is encroaching in to your neighbours property- remove it immediately.



  • Registered Users Posts: 23,052 ✭✭✭✭mickdw


    Op says the pipe stays inside their half of the boundary wall.

    Im not an expert on party wall disputes but as long as it is agreed that the boundary wall is centred on boundary, a pipe contained over the ops half of the wall should be ok.



  • Registered Users Posts: 310 ✭✭chooey


    Thanks for the replies. It is within our half of the boundary wall however I think we're going to change it anyway seeing as they're so bothered by it. Thanks for your replies



  • Registered Users Posts: 757 ✭✭✭C. Eastwood




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