# Issues with raising boundary Fence?



## monte (13 May 2010)

Hi,

We would like to raise our boundary fence with our neighbours garden by simply nailing some trellis onto our side of the (very thin & flimsy) fence. We are growing climbing plants along it to try to get more privacy. Our neighbours are very unfriendly and unapproachable unfortunately and we are worried in case there is some legal implication in us doing this? 
Has anyone any experience/knowledge if this is the case?
We only want to raise it about a foot.


----------



## onq (13 May 2010)

Hi monte,

A few queries for you.

Is this to the front or rear garden?
What is the current boundary construction?
Have you had any disputes over who owns the boundary?


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                    as a defence or support - in and of itself - should     legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                    Real Life with rights to inspect and issue reports on    the         matters    at      hand.


----------



## Seagull (13 May 2010)

How high is the fence now?


----------



## aristotle (13 May 2010)

I think the max height for fences in back gardens is 1.9 meters. Not sure if that includes trellis or not.


----------



## monte (13 May 2010)

Hi,
It is the back garden fence.
It is currently cement posts with wooden fencing in between and it is probably about 6 ft high or just under. 
There are no disputes over ownership of the boundary at all. 

Thanks,
M


----------



## onq (13 May 2010)

Thanks monte.

Max height is 2.0 M for walls within the curtilage of a property.

---------------------------------------------------

From

http://www.irishstatutebook.ie/2001/en/si/0600.html

PLANNING AND DEVELOPMENT REGULATIONS, 2001

Class of Development CLASS 5
The construction, erection or alteration, within or bounding the  curtilage of a house, of a gate, gateway, railing or wooden fence or a  wall of brick, stone, blocks with decorative finish, other concrete  blocks or mass concrete.​Conditions
1. *The height of any such structure shall not exceed 2 metres* or, in the  case of a wall or fence within or bounding any garden or other space in  front of a house, 1.2 metres.

   2. Every wall other than a dry or natural stone wall bounding any garden  or other space shall be capped and the face of any wall of concrete or  concrete block (other than blocks with decorative finish) which will be  visible from any road, path or public area, including public open space,  shall be rendered or plastered.

   3. No such structure shall be a metal palisade or other security fence.​---------------------------------------------------

Bushes can grow higher but take up space and can take out a lot of light, expecially those with dark leaves.

Also if you plant the dreaded Lelandii you'll be moithered trying to trim them twice in the summer.

We've just removed ours and replaced them with what you have on both sides.



ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                     as a defence or support - in and of itself - should      legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                     Real Life with rights to inspect and issue reports on     the         matters    at      hand.


----------



## monte (13 May 2010)

Thanks for reply & info, very helpful. Trellis it is then.

Oh to have nice neighbours eh!!


----------



## browtal (13 May 2010)

*Boundary walls*

Hello,
 Oh to have nice neighbours.  We have the same problem.  After our neighbour knocked the extra 6" we built on top of the 6' wall, we made enquiries from the planning department and were advised as follows for a quiet life:

You can build a wall inside the boundary wall, taking a very small bit from your garden.  Visually it takes very little. Or put up trellis and put creepers on it.  
What we did was build pillars inside the boundary wall, rather than a full wall,  and mount a sill on top and build the extra height on top of that.  It works delightfully and they cannot object to what you do inside your garden. We have great privacy now and no complaints. We now have various plants growing over the wall. Good luck with your solution. Browtal


----------



## onq (14 May 2010)

Just to be clear, the height cannot exceend 2M over the adjoining ground level without permission, even if you only add a trellis.

What browtal has posted is a useful way of dealing with the problem, because you are wholly within your curtilage and aren't building on their side of a wall.

It may mean that your neighbour will leave you alone, but the sanctity of property and your rights has been muddied recently in the legislation.

The Land Conveyancing Law Reform Act 2009 now opens a whole other perspective - read Chapter Three, _Party Structures_.

http://www.oireachtas.ie/documents/bills28/acts/2009/a2709.pdf

FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                      as a defence or support - in and of itself - should       legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                      Real Life with rights to inspect and issue reports  on     the         matters    at      hand.


----------



## monte (14 May 2010)

To be honest we don't even want to stay in this house/area so we won't be putting up any permanent structures or walls.
Browtal, I can't believe your neighbours did that! Although if I told you what ours did to us, you would be shocked...
All we want is a little privacy from them when we're in the garden, esp as we both have decking along the boundary fence which makes the fence height even lower when standing on the decking. 
Thanks for all advice.


----------



## browtal (16 May 2010)

I hope I wont bore you with what our 'nice' neighbours did to us but I  get relief in telling somebody. We are in our mid 60's and 70's.  We have a boxer, nice and gentle with children as they are known for. Our neighbiur phoned the Garda when our dog was in the front garden of our home to see if we had a dog licence, which we did have. That he was a danger to their child.
 We have reared our own family and both love children so we would not put children at risk.
The garda came up to us to complain. He repeated the same procedure and they called again, this time they stated that they would not be responding to a similar complaint.  But we felt like the victims and do not understand why they responded to the complaint. Or course this was all about the wall.
When they had no satisfaction they called the dog warden in the Co Council. They also said they would not be back.
This man is a counceller in the Kilkenny Corporation - good example for community spirit. 
I did not know there were such people in our community.  I feel angry at the thought. Otherwise we have lovely neighbours.
Browtal


----------



## onq (16 May 2010)

Some people have an irrational fear of dogs and while some boxers are gentle with children as as many big dogs, some are bred to fight and have been blooded and have put the fear of God into people.

Until you get to know the people you will not know the reason. One of the neighbours may have had a bad experience with a dog as child and that fear may be with them.

But that having been said, we too have had odd neighbours living near us - they exist in all places.

ONQ.


----------



## browtal (16 May 2010)

Just to clarify regarding the boxer, the neighbouring little boy, like all other children in the estate, love to rub this boxer. 
When we walk her, twice daily, the children gather to rub her, we walk near a school and the children come out to pet her, which of course she loves. She is a very calm and well behaved dog. She has lived beside these neighbours for 5 years before this behavour commenced. We tried to discuss the problem and the family said they did not have time. 

The husband asked the neighbouring children to keep quiet when they play as their little boy was a baby and also recently when his wife was sick.  The local children are the same as all children and not excessevly noisy.
He seems to think that the world revolves around him and his family. Browtal


----------



## monte (18 May 2010)

we have a dog also Browtal, a big enough breed of dog, and the amount of people we have had yell at us to 'keep your effin dog on a lead' etc etc is shocking. I fully understand some people have a fear of dogs, especially big dogs, but they should also have some understanding that there are very few places where we can walk our dog now and let him off the lead to have a good run and use up some energy. I find it so frustrating sometimes.


----------



## Staples (19 May 2010)

I'm open to correction but isn't it the law to keep your dog on a lead in public spaces?

In my experience of road running (long time ago now...) most dog owners would swear their dogs wouldn't harm anyone.  Wasn't always the csae though so I could understand someone's unhappiness with a unfamiliar dog being unrestrained.


----------



## mathepac (19 May 2010)

monte said:


> ...   but they should also have some understanding that there are very few places where we can walk our dog now and let him off the lead to have a good run and use up some energy. ...


Why should they? It's your dog and your problem. You need to find an appropriate legal solution to its exercise needs or get a smaller pet. Oh, and please do _'keep your effin dog on a lead'_ / under proper control in a public place as the law requires.


----------



## onq (19 May 2010)

monte said:


> we have a dog also Browtal, a big enough breed of dog, and the amount of people we have had yell at us to 'keep your effin dog on a lead' etc etc is shocking. I fully understand some people have a fear of dogs, especially big dogs, but they should also have some understanding that there are very few places where we can walk our dog now and let him off the lead to have a good run and use up some energy. I find it so frustrating sometimes.




Yes, it can be very frustrating for dog owners to own a large dog and I sympathise to a great degree.

However there are many public parks and beaches and most people do not object to a dog being allowed to gamble about in an area where people will not be discommoded.

The real problem for most people is dog-fouling and to this day we have people in our estate - which has a reasonably active residents association - walking their dogs without picking up after them.

They are in the minority, but they exist.

Perhaps the best policy is take the dog to remote locations and let him wander free - just watch out for sinkholes, potholes, rabbits, sheep, bloody hill-walkers, Members of the Green Party, Archaeologists etc... 

ONQ.


----------



## monte (19 May 2010)

_'Many local authorities have introduced bye-laws to indicate areas where dogs must be kept on a leash or even prohibited. Your local authority will be able to inform you of the bye-laws that apply in your area'._

No dogs do not have to be kept on a lead in all public areas.
I agree onq, we have a few nice quiet places where the dog can run/sniff around relatively undisturbed. As for dog-fouling, it is disgraceful when dog-owners don't clean up after there dog in estates etc, it's just not on.


----------



## Leo (19 May 2010)

Further details for Dublin City authority [broken link removed].

Summary:
A person in charge of a dog in a park, garden, open space, field, stadium, seashore, other place used for outdoor recreational or sporting activities, which is under the control of the Corporation shall keep the dog on a sufficiently strong chain or leash, not exceeding two metres in length if a fixed leash, or ten metres if retractable, while in that area, except during the following times when the dog may be unleashed in such areas provided that such dog must still be under the effectual control of the person-in-charge of the dog in accordance with the Control of Dogs Acts, 1986 and 1992:

January & December:      
8.00 a.m. - 11.00 a.m.
4.00 p.m. -   5.00 p.m.

February & November:   
8.00 a.m. - 11.00 a.m.
4.30 p.m. -   5.30 p.m.

March & October:                       
8.00 a.m. - 11.00 a.m.
5.30 p.m. -   6.30 p.m. (Wintertime)
6.30 p.m. -   7.30 p.m. (Summertime)

April & September:                     
8.00 a.m. - 11.00 a.m.
7.30 p.m. -   8.30 p.m.

May & June:                                
8.00 a.m. - 11.00 a.m.

July & August:                             
8.30 p.m. -   9.30 p.m.


----------



## monte (19 May 2010)

This post was originally concerning raising a boundary fence, I am not here to argue with anyone... so for those of you on the dog leash crusade, I suggest you start another thread of your own if  you need to vent. I own a dog, I like dogs, I like to let my dog off his leash in a responsible manner. I am not going to argue with any of you over that!
Or if you have any other info regarding raising fence heights, please do post here!


----------



## onq (19 May 2010)

monte,

I suggest you loosen up a little.

You posted:

"No dogs do not have to be kept on a lead in all public areas."

Leo clarified the situation, at least around Dublin City.

Say: "thanks for clarifying that Leo" and play nice.

Please.

ONQ


----------



## Jane Doe (11 Sep 2010)

monte said:


> we have a dog also Browtal, a big enough breed of dog, and the amount of people we have had yell at us to 'keep your effin dog on a lead' etc etc is shocking. I fully understand some people have a fear of dogs, especially big dogs, but they should also have some understanding that there are very few places where we can walk our dog now and let him off the lead to have a good run and use up some energy. I find it so frustrating sometimes.


if you do not want responsibility do not have the dog

[broken link removed]


----------



## onq (11 Sep 2010)

Been thinking about that one for a while, Jane?



Thanks for the link, BTW.

ONQ.


----------

