# Boundary hedge/fencing rights , help anyone?



## Effie (1 Mar 2008)

My next door neighbor and her builder are trying to pressurize me into agreeing to the removal of my boundary fence and mature hedge in order to enable them to build an extension to build right up to the boundary line.
They want the back of their new build to become in effect become a new boundary and want access from my side to render the wall of their extension wall . 

They do not plan to continue with a proper fence the full length of the garden. They want to only partially replace it with concrete posts and wooden overlapped fencing. 

Their digger has  damaged and mangled some of the wire fence in the lower part of the garden  already whilst clearing their site and they  don't appear to care. I ended up having to re- erect part of the fence in a piecemeal fashion myself as repeated requests to have it put back up in it's original position were repeatedly ignored.

I dislike this type of fencing as it not mentenace free and am not willing to let them bully me any further but need advice as to what can I do next? 

I have looked at the other treads re boundary issues and someone has mentioned the possibility of letting them build a fence on their side bit 18" from the current boundary. Is this worth considering and does anyone know where details on this could be found and even more important is it in any legal stature /building regulation ?

Advice please as to how to handle this situation would be much appreciated.


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## Tormented (2 Mar 2008)

Take photos fast of your boundry and hedge. Tell them that you do not want your hedge, fence, or boundry or indeed your privacy interfered with.

These people do not sound very nice, and it certainly sounds like they are trying to bully you. Contact your solicitor for full advise.

In the meantime if these people interfere with your fence, boundry with out your permission, call the Guards. This is called "Criminal damage"

Remember your privacy is priceless........Protect it !


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## mathepac (2 Mar 2008)

Did these people apply for planning permission? If they did, seek details from the local authority. If they didn't, inform the local planning office that what seems to be an unauthorised development is taking place next door to you and provide all the details above, stressing the damage and pressure.

I agree with Tormented above about interference, damage, photos privacy, solicitor, etc, but you also need to be aware that they cannot access  or enter any part of your property without your permission, and if they do this is trespass, which is now a crime rather than a civil matter.


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## Effie (2 Mar 2008)

Thanks Matepac and Tormented. 

Have indeed taken photos , have had several other neighbor's in to view the deliberate  damage that has been caused. however, I'm trying to avoid going to law at present BUT I'm getting increasingly angry about the whole situation and might end up there whether I like it or not. 

Does anyone has any suggestion re the boundary itself given that the metal mesh  boundary fence has been damaged so badly as to be a right off. 

I now need a new fence to replace it  but bet you, next door neighbor won't be willing to rebuild it as it was given her builder's need to save money!!!


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## Carmel (3 Mar 2008)

Remember that you own to the centre line of the current party wall, fence or whatever marks your boundary.  If you neighbours wants to build the side wall of their extension to that line, it would probably mean that the foundation for the wall would be on your property.  It is totally up to you as to whether you are prepared to allow them to do that. Also it is totally up to you as to whether to give them access to your garden to render the wall.  Also be careful that they don't build a wall up to the boundary line and then have a gutter overhanging your property.

Just because someone has planning permission for an extension does not mean that they have the right to build it. 

It could be an advantage to you to have the wall built up to the boundary wall if you were planning on building an extension adjacent to where they are building (you might be able to use their wall as a side wall depending on its height etc.).  If you're not planning on doing this, its totally up to your goodwill as to whether you are going to allow them access to your property.

If you're not prepared to give them permission to do this, make sure that the wall they build is sufficiently stepped back from the boundary so that all of the foundations and any gutters etc. are completely on their side. They might end up having to build the wall in a pre-finished material such as brick so they don't need access to your garden to plaster or paint it.

C


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## Effie (3 Mar 2008)

Thanks Carmel,

No , they didn't apply for planning permission but I am going to ring the Planning Dept tomorrow to find out things like how do you work out the proposed floor area and what constitutes 40 sq meters. Given the builder's deliberate attempts at trying to avoid providing me with any information whatever, methinks I am going to need all the help that I can get !!!


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## Marie (4 Mar 2008)

All this shouldn't be happening and you are fully entitled to full details of any development next door which will affect your property and garden.  If these people are working within the local planning law they would have had a Planning Notice posted prominently around the area for a statutory period before commencing the work.  This is in order to give neighbours and anyone else affected (or wants to have a say!) a chance to object.  Just as a matter of courtesy your neighbour should have brought a plan to you and discussed what is to be done, if s(he) wants co-operation from you.

Something to consider is how the kind of extension you describe, coming right up to your boundary-line, will affect the 'aspect' (look, pleasantness) of your garden as well as all the other issues raised by previous posters.  Depending on height it may block off sunlight and be an eye-sore.

You are perfectly within your rights to say no if you are being adversely affected.

As far as your damaged chain-fence is concerned they should be charged for the replacement (no matter how much you dislike it yourself!)

All the best with it.  It is very unpleasant when neighbours behave in a bullying way.  Stay cool and assert your rights - logically and calmly.


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## DeBarr (7 Mar 2008)

Hi Effie

Sorry to hear you are in that position. We built an extension to our house some years back and when discussing with the builder about building up to the boundary he suggested we do NOT do this. Reasons he gave were basically if we ever wanted to sell then there may be an issue with title seeing as our foundation may enter the neighbours property and also the guttering would overhang the boundary.  It could lead to Cert of Compliance issues if they ever wanted to sell and would also probably cause complications if you ever wanted to sell.... Would you see any issue with your wall actually being the neighbours boundary....

If you have kids and they want to kick a ball against the garden wall they will be kicking a ball against your neighbours sitting room wall and could lead to disputes. 

When our builder advised us of these types of issues we just built to inside the boundary and made sure the guttering was inside also. We also showed our plans to neighbours on both sides and talked them through them. 

Hope it works out and let us know how you get on....


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## Effie (9 Mar 2008)

Thanks everyone for your support.

Latest news is that for my own peace of mind, I have engaged the services of an architect and he has told the builder to stay his side of the boundary line and so far, they seem to be complying with his instructions. It's amazing what the presence of another man can achieve.!!!

They are still trying to get me to allow them to remove the hedge etc. and we have requested that they put all their requests in writing and that I will consider them in due course. 

I think they now know that I'm not quite the pushover that they thought I was !!


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## shipibo (10 Mar 2008)

Its unfortunate they cannot fix up the broken fence, they need you onside to allow work in your garden, and you are right to take your current stance, they seem pretty thick to me.


To my knowledge, 40 sq. metres can be built w/o PP, but obviously clauses that may alter this.I think you have no rights to direct sunlight apart from directly above, single storey buildings are fine.


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## bunty (11 Mar 2008)

Hi, Effie
Was very interested to read your post. We are at present in an almost identical situation except neighbours gave us virtually no notice and building has commenced. We now have a 3.2 metre wall (the side wall of their extension) a few inches from our fence - we live in a semi-d. I am very concerned about the height of this wall right beside our patio and the foundations being so close to our boundary. A few days before building commenced ( although they told us it would be weeks away), they casually mentioned that they would be removing the boundary fence along with our mature shrubs and climbers. We said we weren't sure about this. They said their builder would talk to us to see how things could be done, but would not let us see the plans. Needless to say, we just arrived home a few days later to find work commenced with no further consideration. I have been on to planning enforcement to see if they can build such a high wall so close to  our boundary but with no luck.  The wall is on our southern side so our patio and kitchen/dining room are overshadowed. I don't want to hijack your thread ,Effie, but I was wondering, if you get a chance to reply, was it difficult to get an architect on your case and was it very expensive? I feel like a right pushover at the minute.


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## Effie (12 Mar 2008)

Hi Bunty,
 Very sorry to hear that someone else is in a similar predicament as myself. 

I don't know what the costs will come in at and of course it will depend on what is involved. Thankfully, at present it is down a few phone calls and 2 shortish meetings with the other parties concerned However, I have known the architect many years so I'd be suprised if it will cost over €200-300. 

Having an architect that I can trust and depend on is as far as I am concerned, essential to my physical and mental well being . I was at the stage of pulling my hair out and being unable to sleep worried that if I left the house, I'd come home to a fait acclomplit and find my lovely hedge gone!!! His presence put a stop to that TG!

The law says you shouldn't be subjected to this type of ordeal but  according to my lawyer, it could cost me an arm and a leg to go to court to get compensation for damages caused which of course is exactly what the builder is banking on!! 

All I can suggest you contact your local council for advice but you definately need specialist advice so it might be worth asking friends or family if they could suggest someone.  Good luck !!!

Latest news from me is that I have refused to let them remove the hedge and they have accepted my decision and are using alternative building strategies so that they don't have to cross the boundary again. ( Shame they couldn't have done this at the outset!!!) 

The damaged fence is going to be removed by them with my agreement They are now going to put in a new wooden one on their side of the boundary at their expense and they are going to take care of it. Yippee!!!!

Many thanks for all your help Folks. Your support is much appreciated.


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