JQuill wrote:I wonder could anyone give me some rough advice on a semi-related issue.
I'm wondering if I've a right to be consulted about alterations to a boundary wall which separates my property from my neighbour's, but is wholly on my neighbourâ€™s land.
This wall is a long 3m-high back wall of a derelict concrete shed (maybe 60-70 yrs old), which lies 20m behind my house. My back garden now backs onto part of this wall. Thereâ€™s just an empty field behind it.
The sidewalls of my garden are built up to, and attached onto, this back wall. I also have a raised bed along (& supported by) it, with ivy growing up & over the top. Itâ€™s been like this for 15 years, with no objection or comment from the neighbour.
My neighbour wants to knock down the old shed (& thereby the wall at the bottom of my garden), build a house in the field, and put up a much lower wall (half the height) between us.
I donâ€™t know if thereâ€™s any specific legislation on this in Ireland (unlike the Party Wall Act in UK), but I would assume I am â€œpartyâ€ to the boundary wall (even though I donâ€™t own it), and that it is subject to an â€œeasementâ€ or right to have it maintained as a dividing wall between the two properties.
Knocking it would remove an attractive feature and probably damage the garden, as well as decrease privacy & security. I havenâ€™t heard from the adjoining owner (doesnâ€™t live nearby), but the planning notice is quite specific.
So have I a right to object to the work? Can the wall be altered without consulting me? Would I be compensated for damage, or loss of security, etc.
Would the council planners be happy to discuss it, or would they say itâ€™s a private matter (i.e. get on to your solicitor!).
Two things here:
IMO, you dont necessarily have the right to be consulted about works on land outside your ownership but the principle of good neighbout would suggest you should. However the adjoining property owner does not need your permission to undertake the application.
However you have every right to make a submission to the planning authority on the application stating your concerns and asking them to be considered. Find out the last date for observations....its five weeks from the date on lodgement. Write a letter and include photos. Make sure your objection is well grounded. If poissible suggest a remedy rather than simply object. Your concerns should be considered by the planners, although they wont meet you. If you dont get a positive outcome you can appeal to the Board. The adjoining owner is likely to engage with you in order to avoid this route.