Extension using Gable Boundary

Extension using Gable Boundary

Postby Daniel O'D » Wed Apr 05, 2006 2:13 am

The gable of my house act as a boundary to my neighbours property. I plan to build a single storey exempt extension by continuing the line of the gable, replacing a parting wall and fence. My neighbour has complained that the wall / fence are not a direct continuation of the gable and therefore any extension would have to extend into his back garden. Ordinance survey maps show that the parting wall / fence should be a direct continuation. We are talking inches not feet. A friend mentioned that in these cases, the boundary wall extending from my gable is in fact my boundary wall and not shared, while my neighbour has a similar boundary wall and entitlement on the other side with his other neighbour. Is this true.

To avoid confrontation it looks like I will have to build inside the parting wall and fence. This is urgent. Can anyone shed any light on the standing of ordinance survey maps relative to what has been built, if they are different. If it is my parting wall soley, can I replace it with the gable as the new boundary.

Help Please
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Re: Extension using Gable Boundary

Postby PVC King » Wed Apr 05, 2006 11:22 am

Go to the land registry or registry of deeds to get the boundary maps from the land folios; OS maps are notoriously inaccurate. I would also consult a local solicitor as boundary disputes of this nature are unfortunately very common.

http://www.landregistry.ie
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Re: Extension using Gable Boundary

Postby emailtojohn » Wed Apr 05, 2006 9:50 pm

Please clarify how old the house is as this will have are a large impact on establishing the legalities or the situation. I have heard that on some old maps a smybol/character written next to the wall indicated rights/ownership.

My gut feeling is to try to solve it with your neighbour. Would he be interested in extending also? and if so you could both agree to build on the boundary wall, reducing building cost and creating more floor space.
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Re: Extension using Gable Boundary

Postby Daniel O'D » Thu Apr 06, 2006 5:17 am

The houses are detached and eleven years old. I have offered to bear the full cost of a boundary wall but my neighbour insists that I build on my side of the boundary fence. The fence is two inches wide with pillars and the wall would be approx. 10 inches wide, thereby encroaching by 4 inches on both sides. He is Ok with the parting wall as an extension of the existing gable boundary but wants the extension gable (approx 13 feet in garden of 60 feet stepped back behind my side of the fence. There is no logic to this. He is happy for a wall to extend the full length of the garden from the gable but not the part of it that would constitute an extension.
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Re: Extension using Gable Boundary

Postby Bren88 » Thu Apr 06, 2006 3:19 pm

emailtojohn wrote:My gut feeling is to try to solve it with your neighbour. Would he be interested in extending also? and if so you could both agree to build on the boundary wall, reducing building cost and creating more floor space.


If it is the gable side of the house then the neighbours house is a distance back and if he extends it probably won't have an affect on DanielO'Ds.

Anyway, it would be wise to check the boundary, as i doubt that the boundary is directly on your gable wall, as then the soffit would protrude onto his land. But the fact that existing fence is two inches wide makes no difference, You can build to the centre of that fence (if it is in the correct position).
If the boundary is your gable wall, then why can't you extend directly out in a straight line, as it doesn't pass onto his land.
And what your friend said about "your boundary" and his on the other side, is wrong, the boundary is between both your gardens.

It might be easier to give advice if we get a picture.
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Re: Extension using Gable Boundary

Postby Daniel O'D » Thu Apr 06, 2006 4:09 pm

Bren88 wrote:If it is the gable side of the house then the neighbours house is a distance back and if he extends it probably won't have an affect on DanielO'Ds.

Anyway, it would be wise to check the boundary, as i doubt that the boundary is directly on your gable wall, as then the soffit would protrude onto his land. But the fact that existing fence is two inches wide makes no difference, You can build to the centre of that fence (if it is in the correct position).
If the boundary is your gable wall, then why can't you extend directly out in a straight line, as it doesn't pass onto his land.
And what your friend said about "your boundary" and his on the other side, is wrong, the boundary is between both your gardens.

It might be easier to give advice if we get a picture.



The soffit and chimney shaft protrude onto my neighbours land. He is not happy with building to the centre of the existing fence or for us to extend directly from the gable, as is the case with the existing 8 foot parting wall. I know I could probably fight this and win but its not worth the hassle. I have decided to build inside the parting wall and fence. This allows for a proper soffit. I have pointed out that this will be an eyesore for my neighbour but he doesn't seem to mind. He doesn't want to lose the few inches on his side of the fence that a replacement wall would represent.
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Re: Extension using Gable Boundary

Postby Bren88 » Thu Apr 06, 2006 5:46 pm

When I said build to the centre of the fince, i also meant the soffit, because that is included too. so you'll have to take that into account and build around 300 back from the fence. That way there are no ground for objection, How far back are you planning on going from the fence.
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Re: Extension using Gable Boundary

Postby Daniel O'D » Thu Apr 06, 2006 11:16 pm

Bren88 wrote:When I said build to the centre of the fince, i also meant the soffit, because that is included too. so you'll have to take that into account and build around 300 back from the fence. That way there are no ground for objection, How far back are you planning on going from the fence.


I think it is 10 - 12 inches at the furtherest point but never crossing the fence boundary.
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Re: Extension using Gable Boundary

Postby emailtojohn » Fri Apr 07, 2006 1:56 am

No part of your structure can protrude onto his land, not even his air space. Just accept you will need to build far enough back to ensure no part of the structure passes over the mid-point of the fence.

The same will apply to him if he extends at a later stage.
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Re: Extension using Gable Boundary

Postby KerryBog2 » Fri Apr 07, 2006 1:14 pm

In your position I would seriuosly consider moving house. Do not bother to build, it will be a nightmare - "they dropped cement/sand/a bit of timber on my lawn" etc., etc. It will get worse, believe me, I've been there. We once owned a house where the gable and extension formed a boundary, the extension being buily many years ago by a previous owner. Neighbour owned abutting land, his house was 50+ meters away and he would not allow us access. He made us take out windows and cantilever out to replace soffit and gutters - even at that he was moaning about invasions of airspace. I checked the legal position, at that time there was no right of access onto another's property to carry out repairs - SC's view was that a High Cout action would be necessary and would probably succeed. This might have changed quite recently as last year I heard that a Bill in the pipeline contained a clause to allow access for repairs. Move house. Life is complicated enough without the annoyance of neighbours like that. If they are old hold on, the venom usually kills them!
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