Neighbours wall falling down and he just covered it with a fence

magicbastarder

the issue is now that the neighbour would appear to have paid for a fence to be installed, and probably will not warm to the idea of the fence being removed to facilitate the wall being taken down and the fence reinstated.

so i don't know what options are open to the OP, the ship might have sailed on the obvious ones. calling in to the neighbour and saying you will slowly dismantle the wall as it falls apart and leave the blocks in his garden?

HazeDoll

Isn't it entirely possible that the neighbour isn't fully aware of the state of the wall? I think it's possible he's not even aware that the new fence panels are just bodged in on top of the old ones. All this talk of confrontation, demands and ultimatums (ultimata?) seems a little extreme until the OP has established that the neighbour knows what is going on behind the new panels but has decided to be an arse about it.

Good neighbours are priceless. I'm not suggesting we should tolerate bad behaviour from neighbours for the sake of an easy life but definitely give him a chance to fix things. Approach it as a conversation. "We need to decide what we're going to do about this wall. Do you want to drop in for a look and we'll see if we can come up with some ideas? Obviously we can't leave it as it is."

magicbastarder

from the OP:

"Talking to our neighbour the other night he said the builders told him it needs to be replaced as it’s unstable etc and he agreed."

so he's been told, and agreed, the wall is unstable.

Eirexox

https://www.boards.ie/discussion/comment/120911576#Comment_120911576

He’s fully aware of the state of the wall, two nights before the fence was erected my hubby was talking to him over the fence. The neighbour himself said the builder said the wall wasn’t stable, and joked how the wall is still standing. He told us that he had agreed with the builder to replace the wall and even asked if we thought that €2000 was a good price for that . Then all of a sudden the fence was erected, with no consultation or anything.

magicbastarder

however, to be fair - if you knew what state the wall was in before now, and you'd been planning on doing work on your garden, you should have approached the neighbour long before now and suggested going splits on putting up a new wall or fence.

Eirexox

https://www.boards.ie/discussion/comment/120910982#Comment_120910982

I have previously said we would have definitely gone halves to rebuild the wall, he didn’t give that option not consult before putting the fence up despite saying he was rebuilding the wall at the advice of the builder. We are not looking for anything just safety and common courtesy from our neighbour. We have done nothing but help them since they moved in my father being an electrician helped them out, hubby helped with plumbing etc. it’s the lack of decency to keep us informed, also the cheek to leave the wall so unstable literally you can move it with one hand.

Eirexox

https://www.boards.ie/discussion/comment/120911694#Comment_120911694

It’s not

https://www.boards.ie/discussion/comment/120911690#Comment_120911690

The wall was perfectly stable prior to them hitting it with the digger. We have our own plans for our garden and the wall from our side will be blocked when we are done the problem is we don’t want their wall falling and damaging our construction. I mean in all fairness we are not asking for much.

magicbastarder

ah, i misunderstood. i thought it was already problematic.

https://www.boards.ie/discussion/comment/120910643#Comment_120910643

The OP doesnt own the wall.. the neighbour built it which is collaping into the Ops garden

magicbastarder

two things - the neighbour didn't build it, it was there when the neighbour moved in.

and generally, the boundary fence or wall between two properties would often be seen as a shared responsibility.

Citizen Six

https://www.boards.ie/discussion/comment/120912181#Comment_120912181

So why do you think the neighbour should pay to build a wall to suit the OP? All they need to do is make it safe.

mickdw

https://www.boards.ie/discussion/comment/120912209#Comment_120912209

Not necessarily shared responsibility. I've seen estates where it was written folio that right side rear fence was in in ownership of the property. I think that is usually done where fences with a back and a face are used so that each garden gets one good side and one back side to look at.

If the previous owner of the neighbouring property built this wall, it should be assumed it was built just their side of the boundary so the op would own right up to the face of the wall but not the structure itself.

The main responsibility of the neighbour here is the safety aspect. They cannot allow unsafe structure to fall into neighbour.

Citizen Six

https://www.boards.ie/discussion/comment/120911694#Comment_120911694

Sounds like you didn't offer to split the cost of the wall. Were you hoping your neighbour would pay for it all themselves, so didn't say anything?

Perhaps your neighbour was telling you how much it would cost in the hopes that you would offer to split the cost with them. You didn't say anything, so they went with the cheaper option of a new fence.

Why can't you just build a shared wall together, rather than your own blocked wall on your side?

lostboy75

https://www.boards.ie/discussion/comment/120913011#Comment_120913011

In fairness to the OP, the wall was 'fine' until the neighbours builder hit it with a digger. so regardless on splitting the cost or not, the wall is now a danger and this needs to be rectified.

Being a good neighbour, a concept I fully agree with, added to the fact the OP talked about doing work with their garden, talk to them again, explain your not happy with the state of the wall, that it's dangerous. But explain your happy to cover some of the costs to rectify this, and discuss options, explain that adding the timber fence just hides the danger on their side, it does nothing to make it safer.

If you're splitting costs, think of your needs and requirements before taking to them. If you're part covering the costs to rectify the damaged they did, then your needs need to be meet as well.

€1000 for a good block wall, or less if ye decide a different option, and remain on good terms with your neighbour could be money well spent.

https://www.boards.ie/discussion/comment/120912974#Comment_120912974

When did I say the neighbour needs to build the OP a wall. Please quote me.

I'm saying that the neighbour is 100% accountable and responsible for the current wall which is causing a safety issue within the OPs property.

The neighbour is 100% responsible for all costs in relation to what's currently in place and the OP bears 0 financial responsibility in rectifying the issue.

I don't understand why people think the OP should offer to pay money towards it

phormium

Been looking again at the pics, that new fence cost a few bob and an odd thing to do if one was intending rebuilding the wall! It looks fairly permanent and not as if they are going to just remove the right side to repair/replace/demolish wall. The original fence looks like it was attached to that wall and is obviously disintegrating. Wonder what is supporting the new fence? I can't see anything obvious like new post holders or similar. It's surely not also somehow attached to the old fence/wall?

There is quite a gap when you take into account the wall/old fence/new fence, maybe neighbour doesn't care though, sure what's a foot of garden! It's hard to see solution here, it's obvious neighbour should have repaired wall when his digger damaged it and then taken off old fence and put the new fence panels there. It's like they were just sick of the mess of wall and fence and just didn't want to see any of it anymore and covered it up with the panels instead of dealing with it correctly.

If you take down the wall now as it's falling anyway or it falls itself plus the fence neighbour should at least pay for disposing of the stuff although again I wonder what their new fence is supported by? Will you then gain the foot of garden up to his new fence! Are they likely to be happy with that scenario!

Lumen

https://www.boards.ie/discussion/comment/120907675#Comment_120907675

Land law punishes strong statements, but I think you're wrong there.

In my (non-legal) opinion, building a wall does not move a boundary, but might increase the chance of misunderstandings, and misunderstandings can lead to disputes, and disputes can be disproportionately nasty and expensive.

It is therefore sensible to retain evidence (photos, surveys etc) whenever structures on or near a boundary are moved, to reduce the chance of future legal disputes, and ideally get statements signed and witnessed when owners are still alive, as your current reasonable neighbour may die and the property be sold to a complete prick.

The other way of looking at it is that a couple of inches doesn't materially affect the value of a piece of land, so do whatever makes sense and is agreeable now and let the other people fight over the facts when you're dead.

Eirexox

https://www.boards.ie/discussion/comment/120914734#Comment_120914734

That’s exactly what I think, they just wanted to cover the ugly mess of a wall so they didn’t have to see or deal with it. Basically they attacked a length of timber to the old rotting fence and just nailed the new fence to it. I find it bizarre they’re clearly spending a lot of money to have their garden and outside area really nice, yet they screw a new fence to a fence that is rotting and attacked to a wall that is falling down lol 😂

Citizen Six

https://www.boards.ie/discussion/comment/120914645#Comment_120914645

"Don't be stupid enough to pay for someone else's wall."

The neighbour doesn't have to build a wall to suit the op, that's my point. They just need to make it safe, and remove any blocks from the neighbours property.

People don't think the OP needs to contribute towards the neighbours wall, they think both property owners should build a party wall and split the cost. It would give both neighbours more garden space, and solve and stupid arguments.

Eirexox

Just to clarify, when the neighbor said he was building a new wall my hubby did say if he wants us to contribute we will. He laughed and said no no the builders giving us a good deal and next thing the fence went up.

Also thanks so much to everyone taking the time to read and respond to this. I understand where everyone is coming from. I do want to confirm we did not want nor did we expect the neighbour to build a new wall at all cost to him or anything like that. It’s the issue of safety now that the wall is damaged and he new this and blatantly ignored it.

phormium

Well if they have just attached the new panels to the old rotting panels that are attached to the dodgy wall then hopefully when it falls it will fall into their garden as the weight should pull it that way!

https://www.boards.ie/discussion/comment/120916196#Comment_120916196

Yes the neighbour needs to make it safe at no expense to the Op.

Aka

"Don't be stupid enough to pay for someone else's wall."

I never said to build a new one.

FishOnABike

https://www.boards.ie/discussion/comment/120916666#Comment_120916666

Which way is the prevailing wind?

johndoe99

Very shoddy work, your neighbors new panel fence is against a rotting fence and is using that brick wall as support, when the wall collapses his fence is gone too.

Citizen Six

https://www.boards.ie/discussion/comment/120916769#Comment_120916769

You were the only one to suggest the idea of the OP paying for the wall on the neighbours side though. Most of the rational posts just said to build a party wall on the boundary.

https://www.boards.ie/discussion/comment/120917201#Comment_120917201

I didn't say or suggest that.

I never suggested the op to pay anything either to build or repair the wall.

The neighbour is fully accountable and responsible for that wall. You seem to think the OP should financially contribute to this mess.

"Work out getting a new wall done and split the cost"

Citizen Six

https://www.boards.ie/discussion/comment/120919821#Comment_120919821

Not at all. I think both neighbours should build a party wall. I don't think the op should contribute in any way to the neighbour's wall on their property. But if they both want to build their own sub standard fence or wall then that's their own decision.

If my neighbour had left their wall in that condition then it wouldn't take me long in having them rectify it. But I would have already suggested replacing it with a wall that would have suited us both better, and leaving us each with more garden space.

kevgaa

I think the important thing now is that the OP has a conversation with the neighbour to get a clear understanding of their plans and timelines..

Until the OP has that information everything else is pointless

My concern would be if sustained wind catches either side of that fencing. Is the wall going to come down?

I don't see any fenceposts between the fences anchoring the fences to the ground.

Citizen Six

Yeah, that'd be a big worry. It was bad enough as it was, and the fence just makes it worse. They didn't even bother removing the old fence before putting up the new one. Complete cowboys.