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Building near neighbours boundary

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  • 05-04-2024 7:51am
    #1
    Registered Users Posts: 12


    Hi

    Our house is detached and on one side our house wall is the boundary. Our neighbours have a side entrance to their garden with their house one side and ours on the other. Is there rules on how close a shed or extension can be built to my wall? Wondering about fire safety and maintenance.



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Comments

  • Registered Users Posts: 39,122 ✭✭✭✭Mellor


    The neighbour can also build right on the boundary.

    If your house is already right on the boundary, this means they can essentially abuts your house. There is not fires risk there, no different to semi detached or terraced houses in contact.



  • Registered Users Posts: 12 schkanico01


    Surely they cannot do this since the wall is mine? It is not a party wall. Would they be allowed essentially make my house a semi detached when they were bought as detached?



  • Registered Users Posts: 3,207 ✭✭✭KaneToad


    I would highly doubt that, if you have a detached property, your neighbour can build onto your wall and use it as one of their walls.



  • Registered Users Posts: 12 schkanico01


    I would have thought you need permission to use someone's property and alter it in such a way.



  • Registered Users Posts: 3,218 ✭✭✭Kaisr Sose


    Have they actually done this/ indicated an intention to do so?



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  • Registered Users Posts: 4,169 ✭✭✭blackbox


    I don't think they can use your wall as part of their structure, but they can build right up to their own boundary i.e. they can build a wall right against your wall.



  • Registered Users Posts: 12 schkanico01


    Yes they have mentioned that they are looking into the possibility. I am trying to find the regulations on whether they are required to leave space for us to access the wall for maintenance etc. The space between the houses is about the size of a car



  • Registered Users Posts: 3,750 ✭✭✭C3PO


    Am I understanding this correctly - your house is built right up to the boundary but you don’t want your neighbour to be able to do the same? Why would they have to leave space on their property in order for you to maintain your walls? You would be much better agreeing an approach with them that ensures that no maintenance is required!



  • Registered Users Posts: 3,218 ✭✭✭Kaisr Sose


    Deleted

    Post edited by Kaisr Sose on


  • Registered Users Posts: 12 schkanico01


    I dont expect to build to my boundary (nor did I say so) as my other neighbours wall is the boundary. The houses were built with large pathways between them but no party wall. I won't be giving anyone permission to build onto my property wall nor can they. Our deeds state we are required to be given access. Our electricity metre, gas metre etc. are on this wall. My house is detached, neighbours can't change that without my permission.

    I wanted to know what the regulations are on distance required between boundary walls that are not party walls. I have outright ownership of the wall.

    I have made an effort to get advice on this so will hopefully get an answer soon.



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  • Registered Users Posts: 23,289 ✭✭✭✭mickdw


    Something doesn't add up.

    You say your house wall is on the boundary but the same wall has meter box etc located on it. That would mean that your meter opens onto neighbours property which I wouldn't see as possible or correct.



  • Registered Users Posts: 12,258 ✭✭✭✭Calahonda52


    I think he actually says that the house wall is the boundary.

    In any event OP, when you get down off your 16 hand high white steed

    peruse this

    https://www.irishstatutebook.ie/eli/2009/act/27/section/3/

    which was brought in to deal with a dogmatic NO

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 12 schkanico01


    It does. We live in a housing estate. My neighbours is the same on the other side. There is no gate leading down the side of the house. It issupposed to be used for parking.



  • Registered Users Posts: 39,122 ✭✭✭✭Mellor


    Which part of my post do you think they cannot do? They are impacting your sole ownership in your wall (in that scenario).
    You was bought as a house on a boundary, that is much weaker a house in the centre of a site in terms of future development.

    In what way your property being altered?

    Nobody said that they could. They would be building entirely on their own property.



  • Registered Users Posts: 39,122 ✭✭✭✭Mellor


    You're house is already built right on the boundary (on that side). You can't prevent others from doing the same.

    Nobody said anything about building on to your wall. We said that can abutt your wall (if it is on the boundary). That means building against it, while still on their property. This would in a way make your house semi-detached (if the boundary is where you say it is) they do not need your permission for that. Why would they, it's not your property.

    If your "metre" is on that wall. It is overhanging their property. That's illegal. Your roof is possibly overhanging, also illegal.

    The distance that is require between boundary walls that are not party walls is 0cm - a hard zero. THe boundary is an imaginary line that exits between the properties. It has no thickness. Your wall has left 0cm clearance to the boundary (according to your posts). That is allowed. But it's allowed for all, not just you. Meaning the neighbour can build their wall, on their side 0cm from the boundary.

    You are not allowed to park there. It's over the boundary, and therefore not your property. You you would be trespassing.

    As others have said, what you are saying doesn't add up. Either you are not desctibign it well, or the boundary isn't where you say it is. But if that is the boundary, then its their property not yours. You can't use it for parking, access, etc etc.



  • Registered Users Posts: 833 ✭✭✭JVince


    Plenty of examples around Dublin, esp Rathfarnham, dundrum and terenure where semi detached houses get joined up with the next semi block to form a terrace.



  • Registered Users Posts: 3,622 ✭✭✭chooseusername


    @schkanico01, Is this how it looks?



  • Registered Users Posts: 23,289 ✭✭✭✭mickdw


    That's how I believe it is from the description but meter box opening into neighbour sounds very odd.



  • Registered Users Posts: 39,122 ✭✭✭✭Mellor


    Plenty of examples every where. Especially when you consider a commercial buildings that occupy the full width of a lot.

    That's my understanding from the description, but OP may be mistake about the wall being a boundary wall.

    The meter box access along that side is clearly poorly thought out. But it happens all the time in those configuration. It's pretty planning to build a detached house on the boundary and not foresee these issues.



  • Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    While I can see that the meter box arrangement as described might give rise to practical problems or be found unsatisfactory or restrictive, there's no reason in principle why each block shouldn't (a) have the benefit of a convenant affecting the block on one side, giving them the right to have their meter box, etc, opening onto that block and the right to enter on that block to do what you need to do with a meter box, and (b) be subject to the burden of a similar covenant in favour of the block on the other side.

    If that is the arrangement — if the OP's rights are documented in this way — then that restricts what the neighbour can do on his block. He can't build on it or otherwise develop it in a way that would prevent the OP exercising his rights under the covenant.



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  • Registered Users Posts: 12 schkanico01


    Yes that's exactly how it looks



  • Registered Users Posts: 12 schkanico01


    I am describing it perfectly well. Each house has their allocated parking which aligns with their own house and wall, so my cars park on one side and neighbours on the other. This is the same for all houses in the estate. At the back of the houses is the entrance to the rear garden.

    Each owner has right of access to their house wall in their deeds. There is no trespassing, it is called an easement.



  • Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    Well, if you've got an easement over his land which entitles you to have your meter box where it is, and to access it, he can't develop his land in a way that obstructs your easement.

    Is he proposing to build up to the boundary in a way that your meter box would end up being walled in?

    On edit: You're entirely reliant on your easement here. But for that, as Mellor points out, they could put up a structure that abuts against your wall; they do not need to leave any space at all between their structure and yours.

    So the answer to your question "how close can they build?" is another question; what does your easement say? If the easement says they need to leave an access passage of (say) at least 900mm, then that's how close they can build. If, as is more likely, the easement isn't specific, then they need to leave as much space as is practically necessary for you to access the meter box — enough space for you to walk up to it, stand next to it, open it, look in, and reach in.

    Most likely your easement allows them to leave a passage only as far is required to access the meter box; past the meter box, they can builds something right up to the boundary and, therefore, right up to your wall.



  • Registered Users Posts: 12 schkanico01


    Yeah they have started making plans to build up to the wall but I wouldn't have the space to go through/ access. I got some legal advice who confirmed there's an easement so we will take next steps to stop it now. Thanks for advice !



  • Registered Users Posts: 45,872 ✭✭✭✭muffler


    You should have mentioned before now that there is an easement registered.



  • Registered Users Posts: 26,167 ✭✭✭✭Peregrinus




  • Registered Users Posts: 6,798 ✭✭✭10-10-20


    Any chance of a photo or drawing showing the meter box location and easement?



  • Registered Users Posts: 3,622 ✭✭✭chooseusername


    Something like this so'

    If so, then they can't build.

    A recipe for disputes!



  • Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    That looks like a slightly different arrangement. The red line there, I think, indicates the property boundary, which means that the house isn't built up to the property boundary on either side of the lot. But the strip of land inside the property boundary that is coloured yellow is subject to a right of way in favour of the neighbouring property, so that the occupant of that property can use it to access his garage.

    So, in that case, the owner of no 16 can't build all the way up to the side wall of no. 17 because he doesn't own the strip of land that runs along the side wall of no. 17 — he only owns up to the red line between no. 16 and no. 17. But the owner of no. 17 also can't build on that strip of land, even though he owns it, because it's subject to a right of way in favour of no. 16.



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  • Registered Users Posts: 3,622 ✭✭✭chooseusername


    I would read it as both houses, say nos.16 and 17 have right of way over the whole strip of land betyween the houses.



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