Does my neighbour need my agreement to raise a shared garden boundary wall?

sam444 · 23-09-2018 11:44AM #1

Does my neighbour need my agreement to raise an existing shared block garden boundary wall?

23-09-2018 11:49AM

sam444 wrote: »

Does my neighbour need my agreement to raise an existing shared block garden boundary wall?

Who owns it?

TomOnBoard · 23-09-2018 11:52AM

Also, how high is it currently? How high does he intend to raise it? Has he spoken to you about it?

Masala · 23-09-2018 11:56AM

JayZeus wrote: »

Who owns it?

How do you know who owns a boundary wall. If you are house no3 of 8... you will have a wall with no 2 and no 4. Do they state that plainly on the deeds??

23-09-2018 12:00PM

sam444 wrote: »

Does my neighbour need my agreement to raise an existing shared block garden boundary wall?

What is the background to this? ie, has he asked you if he can raise the wall or has he told you he is going to?

A lot of this is down to being neighbourly and good communication with all parties.

sam444 · 23-09-2018 12:44PM

We would share the ownership of the wall as its on the boundary. My neighbour was going to raise it without telling us, we were thankfully at home and happened to notice what was happening and intervened. We have been advised by a builder that it shouldn't be raised any higher due to stability issues (currently 1.7m) and we have informed the neighbour regarding this, and discussed possible alternatives to raising the wall to gain privacy (which my neighbour is concerned about) which we are still considering. I'm just wondering where we would stand if they were to still go ahead and raise it, as they have so far proved to be untrustworthy.

23-09-2018 01:01PM

Where you stand legally? Someone else on here might know better, but it might need to get a solicitor involved if the situation escalates.

To be honest it sounds to me like you are getting a free party wall. (I presume he hasn't asked you to pay for it?). The height doesn't seem an issue to me as long as it's built properly. Bearing in mind if he wanted to build a wall on his own land, moving it back from the party line, he could do pretty much whatever he wants within reason.

What is the real issue here? Is the wall unsightly? Is it removing some of your light or a view? Or is it because he's just doing in without your premission? Although it sounds as if he is now willing to talk about it.

I'd try to avoid an escalation of the situation at this stage. But you obviously have concerns about the wall in general. If my neighbour built a wall and picked up the bill, I'd be delighted.

Teyla Emmagan · 23-09-2018 01:18PM

You need planning permission to raise it above 2 meters. That would include any sort of trellis stuck onto it as well I believe.

23-09-2018 02:48PM

sam444 wrote: »

We would share the ownership of the wall as its on the boundary.

Is it definitely on the boundary and not on his property? My back garden is enclosed on 3 sides by different walls/fences, one is mine on my site, another is a neighbours on their site and a third is a shared boundary wall. So it can be complicated.

Calahonda52 · 23-09-2018 06:53PM

sam444 wrote: »

Does my neighbour need my agreement to raise an existing shared block garden boundary wall?

As per the link below: NO

However there are steps to be gone through by both parties.

http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3

Deleted User wrote: »

Is it definitely on the boundary and not on his property? My back garden is enclosed on 3 sides by different walls/fences, one is mine on my site, another is a neighbours on their site and a third is a shared boundary wall. So it can be complicated.

Does your site map show this.
In any event the link above covers adjacent to...

23-09-2018 07:22PM

Calahonda52 wrote: »

Does your site map show this.
In any event the link above covers adjacent to...

It's completely an assumption on my part given site map from the development built in the late 60's seems to agree with the current layout which follow the walls of the 3 houses involved all semi D, which in turn the site walls are either a continuation or start in side passages between houses.

For instance the map shows both houses have the same width of side passage, but the wall is on my side completely not the centre etc. so surely must be mine.

Also the wall between the two attached semi D houses is exactly on the centre line and seems to follow the angle on the map so must be shared etc.

Calahonda52 · 23-09-2018 07:36PM

Not yours to do with as you please as per the link above

23-09-2018 07:47PM

Calahonda52 wrote: »

Not yours to do with as you please as per the link above

Sorry on a phone so that link was really difficult to read, so my neighbour's , wall built entirely on their site and with an overhang of the coping and the foundation completely on their side is not theirs to knock whenever they want?

Same on the wall i thought was mine built completely on my site according to the map is really realigning the permanent boundary to a certain extent?

I've a bigger garden than I thought, thanks

sam444 · 29-09-2018 09:32AM

Thanks for the replies, i checked our deeds and the wall is directly on the boundary. Sounds like we have a couple of options if they do decide to go ahead without our approval:

1) Raising the wall would potentially cause structural damage as the foundations and brick size are not suitable for additional height. They would have to remedy this according to the Act
2) Planning permission would be required if they were to raise by more than 30cm from the current height of 1.7m anyway

Wildly Boaring · 29-09-2018 09:38AM

Speaking from experience

Reach an amicable agreement

Don't quote law or pp at each other

Talk and think. Be nice. A wall is only a wall.

Any builder worth his salt can sort the stability. Few piers with wider pads for example

Does my neighbour need my agreement to raise a shared garden boundary wall?

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