Building near neighbours boundary

Peregrinus

https://www.boards.ie/discussion/comment/122033532#Comment_122033532

You don't need a right of way over land that you already own. So no. 17 doesn't need a right of way over land inside the boundary of no. 17, and no. 16 doesn't need a right of way over land inside the boundary of no 16.

Plus, why would no. 17 need a right of way to a garage that stands entirely on the land of no. 16? No. 17 has his own garage on the other side. So I would see no reason for no. 17 to have a right of way over the yellow bit of no. 16.

Oscar_Madison

I imagine these houses were built with a view that no extensions to the side were possible or envisaged - someone’s now testing that - @OP- has anyone else in the estate (assuming it’s an estate) tried to do similar?

I would imagine that easement covers more than just access to your gas and electric meter? Do you have a side entrance?

chooseusername

https://www.boards.ie/discussion/comment/122033550#Comment_122033550

So is no 16 allowed to park their car between the houses or drive their car into their garage

ch.jpg

Peregrinus

https://www.boards.ie/discussion/comment/122033575#Comment_122033575

You'd need to look at the title deeds to say.

By default, a right of way does not include a general right to park. But, obviously, you can draw up a right of way in terms that expressly includes a right to park.

muffler

https://www.boards.ie/discussion/comment/122033575#Comment_122033575

Walking or driving over the strip would be fine but parking wouldn't be as it could be considered an obstruction. Then again it's down to the actual wording on the deeds.

mickdw

OK well if there is a specific easement regarding the meter boxes, that changes things. All we knew up to now was that 'I have a right to access'

What is the wording? Does it only relate to accessing the boxes.

If so, I'd imagine the neighbour could build from rear up to the of the boxes allowing you access from front only.

Possibly easement allows you access to that entire end of the house for access to meter and for maintenance and improvement. If so, they will be needing to keep a 1m or so away minimum.

Ted222

Reinforces my long held belief that a detached house isn’t really detached if you can’t walk around it completely.

Where the side house wall is the effective boundary, you’re at the mercy of the next door neighbour.

csirl

https://www.boards.ie/discussion/comment/122033824#Comment_122033824

The pic posted suggested that the side wall isnt the boundary - that the OP owns a narrow strip of land adjoining the wall.

Oscar_Madison

some guidance on easements here - @OP would be great to hear what the title deeds state in relation to this easement - it could well be that your neighbours have no right to build on it and must keep it as is for your legal benefit

https://mcmahonsolicitors.ie/easement-overview/#:~:text=An%20easement%20is%20a%20property,to%20one%20property%2C%20over%20another.

chooseusername

https://www.boards.ie/discussion/comment/122033879#Comment_122033879

That pic is not the op’s exact situation, just an example of a shared access and the issues that can arise.

Oscar_Madison

https://www.boards.ie/discussion/comment/122033824#Comment_122033824

I’ve driven around some new estates recently - leaving aside how clumped together the houses are, I’ve seen strange looking set ups that will almost certainly lead to neighbour disputes in years to come

Mellor

https://www.boards.ie/discussion/comment/122033172#Comment_122033172

It's of course possible to register a series of easements on every lot. The owners obviously you would benefit from that protection. But It’s a ridiculous and lazy way to plan and layout a site imo. It is much more practical to place the boundary in a more practical place to begin with.

Also bear in mind, that there are regulations about where meter boxes can be placed, access to, etc. Such an easement would need to be transferable to the ESB. Making the area practical useless to the owner anyway.

Mellor

https://www.boards.ie/discussion/comment/122033374#Comment_122033374

You may have thought you were describing it well, but you were not. An easement was not stated until post 23, (you mentioned a right of access, access to a rear garden is commonly provided without an easement). The meter boxes being on the side does not mean anytihng in itself.

The original question was how close can you build to a boundary/detached house. The answer to that question was correct, you can build abutting it. If a building is build right up to the boundary, your neighbour does not need your permission to turn it it into a semi-detached building, as was claimed.

The legal mechanism that impacts that is an easement. The extent of that impact depends on the exact terms. It could be a 1000mm access strip to your rear garden, it's unlikely to be much more. But it could be as little as a 1m x 1m square at the corner to access the meter box.

In the case of the latter, they would just set the extension 1m back from the building line, and build right up to the boundary. No rights infringed.

schkanico01

I wanted some general input/ advice before I confirmed the boundary and access details. I didnt want to give information before i knew for sure it was an easement and have done my best to describe the situation.

I have been told that abutting the side of a house is frowned upon and unlikely to be granted planning. Have had lots of conversations with the neighbours and hoping to resolve it so they build on the back of the house.

There have been some similar extensions in houses nearby but they were built when the pathway is split halfway with rear access for both houses, on either side of a wall or fence. In this instance we only have rear access on one side (where we park our cars).

I've added a picture that shows a similar situation. This is not my house but could give an idea. The space between is designated car parking.

Thanks all for the input. Looks positive now I've got some professional advice.

chooseusername

Hope it goes ok for you and your neighbours from now on.