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Neighbour has issue with boundary wall I built

  • 07-08-2020 5:47pm
    #1
    Registered Users Posts: 3,088 ✭✭✭


    Hi all,

    I hope this is the right place for this post, I bought a house recently in my back yard there was no wall between my neighbours garden and my garden so I got a wall built.

    The neighbour made a complaint today poking his head over the wall that I put the pillars of the wall on his side and not my side also I didn't ask for permission from him to build the wall. Does he have a point? He didn't pay for it I did. :confused:


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Comments

  • Registered Users Posts: 3,035 ✭✭✭coolbeans


    stevek93 wrote: »
    Hi all,

    I hope this is the right place for this post, I bought a house recently in my back yard there was no wall between my neighbours garden and my garden so I got a wall built.

    The neighbour made a complaint today poking his head over the wall that I put the pillars of the wall on his side and not my side also I didn't ask for permission from him to build the wall. Does he have a point? He didn't pay for it I did. :confused:

    It's not a matter of payment it's a matter of you doing something that really should have been looked at by a Party Wall surveyor if there was any doubt as to the exact line. Now you've created an issue and it's not unreasonable for your neighbour to have a grievance especially if they're under the impression that they've lost some land. I'd be unhappy were I your neighbour and would expect you to pull it down and get then get a survey done. Otherwise you're just nicking land or that's how the neighbour will see it and they can't be blamed.
    The Land and Conveyancing Law Reform Act 2009 is the relevant legislation.


  • Registered Users Posts: 875 ✭✭✭JPCN1


    Should really have asked...


  • Registered Users Posts: 13,864 ✭✭✭✭Dav010


    Nice start to new neighbour relations.


  • Registered Users Posts: 442 ✭✭trihead


    Why oh why did you not have a quick word before your started building the wall?


  • Registered Users Posts: 4,540 ✭✭✭Treppen


    Ask him what you could do to remedy the situation.


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  • Registered Users Posts: 204 ✭✭Hallaz


    I built one border wall, my neighbour did on the other side. We both have the pillars on our sides.

    I was told from the bricklayer who built our wall that generally the person who builds the wall would have the pillars on their side (which i assume was to avoid above issue).


  • Registered Users Posts: 15,853 ✭✭✭✭Spanish Eyes


    OP sorry for your troubles, but you really should have approached neighbour with your plans.

    Anyway, if the wall has been constructed within your boundary I think you will be ok. If ON the boundary the neighbour might have a point.

    Did you check boundaries before building it?


  • Registered Users Posts: 2,419 ✭✭✭antix80


    It's long been considered good etiquette to put the rough side of the wall or fence facing your own property.
    Very rude of you not to.
    However once the structure doesn't extend onto his land there's nothing he can do about it.
    So, you're a terrible human being and very inconsiderate but legally you should be fine.


  • Registered Users Posts: 8,112 ✭✭✭Quantum Erasure


    stevek93 wrote: »
    The neighbour made a complaint today poking his head over the wall that I put the pillars of the wall on his side and not my side also I didn't ask for permission from him

    was it said in a friendly banter way, or matter-of-factly, or in a accusatory way?

    i wouldn't be tearing down the wall just yet.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Why didn't you come in even an inch from his side. Then none of his bees wax....


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  • Registered Users Posts: 3,035 ✭✭✭coolbeans


    antix80 wrote: »
    However once the structure doesn't extend onto his land there's nothing he can do about it.
    So, you're a terrible human being and very inconsiderate but legally you should be fine.

    How does the OP know if they've built on their land or not? Isn't that the issue?


  • Registered Users Posts: 875 ✭✭✭JPCN1


    Treppen wrote: »
    Ask him what you could do to remedy the situation.

    Good advice. Think you've started badly but try to placate him as you are neighbours and a bad neighbour is a pain in the ass...


  • Registered Users Posts: 73,365 ✭✭✭✭colm_mcm


    He obviously wasn’t bothered building a wall himself. Now he gets a free one.

    Bit silly to not at least tell him the wall was being built. I guess that’s his real issue.


  • Registered Users Posts: 2,419 ✭✭✭antix80


    coolbeans wrote: »
    How does the OP know if they've built on their land or not? Isn't that the issue?

    It's only an issue if the op built on the boundary.

    Etiquette is to face the pillars towards your own property.

    The law is not to build on a neighbour's land without permission - so if it's a shared boundary permission should be sought.
    The neighbour would be within his rights to set conditions.

    Much better to build entirely on your own land. The neighbour can moan about the pillars but can't do anything about it.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    antix80 wrote: »
    It's only an issue if the op built on the boundary.

    Etiquette is to face the pillars towards your own property.

    The law is not to build on a neighbour's land without permission - so if it's a shared boundary permission should be sought.
    The neighbour would be within his rights to set conditions.

    Much better to build entirely on your own land. The neighbour can moan about the pillars but can't do anything about it.

    Why though, if I'm paying I'll put it up on my side and if I lose a little bit the pillar will be on the other side.....


  • Registered Users Posts: 3,035 ✭✭✭coolbeans


    colm_mcm wrote: »
    He obviously wasn’t bothered building a wall himself. Now he gets a free one.

    Bit silly to not at least tell him the wall was being built. I guess that’s his real issue.

    If the OP built on land that wasn't theirs that'll be an issue as well


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Thanks all, I really should have done my research into building the wall before asking the builder to go do it and asking the neighbour first I never would have seen it as an issue also the wall is erected months now,

    Unrelated but what upset the neighbour was I planted grass seed and hung a black bag on the washing line to scare away the birds he was upset about the noise of the bag blowing in the wind then mentioned the wall issue. :rolleyes:

    I have no idea or not if it is on the boundary my garden it’s a bit of a mess here there is concrete sheds built right up to my garden on two neighbouring gardens so it’s hard to tell.


  • Registered Users Posts: 13,864 ✭✭✭✭Dav010


    stevek93 wrote: »
    Thanks all, I really should have done my research into building the wall before asking the builder to go do it and asking the neighbour first I never would have seen it as an issue also the wall is erected months now,

    Unrelated but what upset the neighbour was I planted grass seed and hung a black bag on the washing line to scare away the birds he was upset about the noise of the bag blowing in the wind then mentioned the wall issue. :rolleyes:

    I have no idea or not if it is on the boundary my garden it’s a bit of a mess here there is concrete sheds built right up to my garden on two neighbouring gardens so it’s hard to tell.

    It really isn’t hard to tell, when you bought the property there would have been a boundary map.


  • Registered Users Posts: 21,066 ✭✭✭✭Water John


    Birds have little interest in grass seed. The biggest risk is slugs and you're better off having the birds eat them. The bag is a waste of time.

    Check the etiquette of urban living. For example, don't cut a hedge that your neighbour has growing that invades your space. Tell him you wish to do it, or that he can do it himself.
    Things can go pear shaped very easily. Excuse the pun but your best bet is to mend fences with your neighbour.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Dav010 wrote: »
    It really isn’t hard to tell, when you bought the property there would have been a boundary map.

    Yes I have the map but it doesn’t make much sense only a few lines so I don’t know the measurements of from the house to where it ends at the back of the garden.


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  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Water John wrote: »
    Birds have little interest in grass seed. The biggest risk is slugs and you're better off having the birds eat them. The bag is a waste of time.

    Check the etiquette of urban living. For example, don't cut a hedge that your neighbour has growing that invades your space. Tell him you wish to do it, or that he can do it himself.
    Things can go pear shaped very easily. Excuse the pun but your best bet is to mend fences with your neighbour.

    Ok thanks it was suggested to me to put a bag so I did.

    Yes last thing I need to be is worrying about the neighbours or have a problem with them, what happens if neighbour couldn’t be bothered to cut the hedge is it ok for me to cut it?


  • Registered Users Posts: 13,864 ✭✭✭✭Dav010


    stevek93 wrote: »
    Yes I have the map but it doesn’t make much sense only a few lines so I don’t know the measurements of from the house to where it ends at the back of the garden.

    Boundary/site maps have a scale, get out your ruler.


  • Posts: 0 [Deleted User]


    Water John wrote: »

    Check the etiquette of urban living. For example, don't cut a hedge that your neighbour has growing that invades your space. Tell him you wish to do it, or that he can do it himself.
    Things can go pear shaped very easily. Excuse the pun but your best bet is to mend fences with your neighbour.

    Whatever about the ops situation that is rubbish. You have every right to cut anything growing into your property and I wouldn’t dream of asking.


  • Registered Users Posts: 21,066 ✭✭✭✭Water John


    stevek93 wrote: »
    Ok thanks it was suggested to me to put a bag so I did.

    Yes last thing I need to be is worrying about the neighbours or have a problem with them, what happens if neighbour couldn’t be bothered to cut the hedge is it ok for me to cut it?

    No, you have to ask him/her. BTW if you do it, technically you must offer them the cuttings.
    If your wall is on your land and is not too high, neighbour should be largely happy you built it.


  • Registered Users Posts: 620 ✭✭✭Meeoow


    I'm surprised that the builder put the pillars your neighbours side. Most decent brikkies would know the craic. I got a boundry wall built, tightwad neighbour didn't contribute, but I have the pillars.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Dav010 wrote: »
    Boundary/site maps have a scale, get out your ruler.

    This is basically this what I have

    http://ase-design.ie/wp-content/uploads/2013/08/Sample-Legal-Site-Plan-Boundary-Map1.jpg


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Meeoow wrote: »
    I'm surprised that the builder put the pillars your neighbours side. Most decent brikkies would know the craic. I got a boundry wall built, tightwad neighbour didn't contribute, but I have the pillars.

    Seems unreasonable for the non paying neighbour to have the nice side of the wall.


  • Registered Users Posts: 1,340 ✭✭✭TheW1zard


    The OP doesnt know if he built on his neighbours land holy moly! So did he guess or did the builder


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    TheW1zard wrote: »
    The OP doesnt know if he built on his neighbours land holy moly! So did he guess or did the builder

    It is built within the boundary, but at the end of the day there needs to be a wall there if it is 1cm on the neighbours side does it really matter, if there is no wall there how could you keep a dog in the garden for example :confused: or each neighbour builds a wall on their own land and with space in the middle? Sounds rather silly.


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  • Registered Users Posts: 81 ✭✭Insidious


    But if you built any of your wall on someone else's land then you are in the wrong. If it happened to me and you did it without discussion I would demand you knock it down and build it on your own land.


This discussion has been closed.
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