Re: Re: Access to neighbours property to carry out works on ones own house
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@Frank Taylor wrote:
Thanks for the advice. Negotiation would work in 99% of cases but you can’t negotiate with the insane.
You have my sympathy! I went through this in my Dublin home also, about 2001/2 when I needed to render a gable wall and replace some gutters. The legal position at that time was that in the absence of an agreement in your deeds you had no right onto a neighbour’s property, even to carry out necessary repairs. A trip to court would have been necessary, and our SC’s opinion was highly confident that we would have won. But who wants a day in the High Court? Instead, we took out the windows out and cantilevered a scaffold to replace the gutter. Eventually we were able to obtain access without going to court and re-rendered the wall.
Since then I believe that the law has changed and reasonable access is now allowed for necessary repairs. It was at the Bill stage a couple of years ago as part of a series of changes being introduced in property law, so it should be passed by now. Incidentally, my gable abutted the garden of the adjoining property which was let, the tenants were willing to allow access but the owner was the problem. I do not want to upset the Mod by naming him, but he is a well-known failed and ressurected property developer in South County Dublin.