# Key Post: Neighbours - noise/nuisance/security problems etc.



## sueellen (8 Jan 2004)

Many others must have/had this problem. Neighbours dog keeps barking at night. As in midnight, 1am, 2 am, starts back up at 6am. They couldn't give a toss. This is not good, has everyone in my house driven mad...
Anyone know what exactly the position on A)getting him shut up is B) where does the law stand on this?
thanks!


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## rainyday (8 Jan 2004)

*Re: Noice from a dog barking at night*

See comments re noise pollution district court procedure in


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## <A HREF=http://pub145.ezboard.com/baskaboutmoney.s (8 Jan 2004)

*Re: Noice from a dog barking at night*

What about dogs (a) that can't read and (b) don't have a law degree? :lol


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## XXXAnother PersonXXX (8 Jan 2004)

*Re: Noice from a dog barking at night*

Yes problem can be most distressing. The problem is that the dog probably isn't getting enough exercise, or attention. People buy these dogs and just leave them in their back garden.

It's cruel for the dog and the neighbours that have to listen to it. In a previous thread, I posted a more extreme solution (and probably more humane) However, as was pointed out at the time, it was an illegal solution.


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## AP fan (8 Jan 2004)

*Link ?*

AP, can you please link to that thread ?


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## Freddie Kruger (8 Jan 2004)

*Re: Noice from a dog barking at night*

Have a look at the DAZER on this site www.radiofence.ie/


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## Vanilla (8 Jan 2004)

*Woof*

There is actually a specific action which can be taken in the district court under the Control of Dogs Act 1986 for excessive barking. I would recommend however that you initially send your neighbour a letter by registered post indicating that the excessive barking is a cause of upset, nuisance etc to you and giving them a reasonable period to deal with the problem- say two weeks- or to advise you of the steps they are going to take to rectify the problem. If they do not deal with it, then go ahead and have the relevant summons issued and served on them ( contact a solicitor to help you or if you want to deal with it yourself, try the District court office). It is important to remember that if it does go to court, the judge will look more kindly on your application if you have independant verification of the problem- so if you could get another neighbour to come and give evidence or even better, if you know a guard who would give evidence as to the excessive barking ( obviously he'd have to have heard it) it would be better for you as otherwise its only your word against theirs and they may not admit to any problem...


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## jem (9 Jan 2004)

*Re: Woof*

as a matter of interest how is the owner ment to stop the dog from barking?? chances are they are even more fustrated than u are.


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## Fainne (9 Feb 2004)

*re*

Does anyone know any natural solution for this?  I'm having the same problem, neighbour bought dog for his 3 kids in October, bloody thing hasn't stopped yapping since.  It wasn't too bad until this week, the dog was kept out the back of the house and my bedroom is at the front of house. But now they have moved him to front of house for some unknown reason. The children just seem to wind him up, they play with him for about 5 mins at a the time and then tie him up and play on the footpath with their friends.  Dog goes mad, because he can see them etc. but they take no notice of him.  Neighbour is a bit surly to say the least, I know he wouldn't take any action if I said it to him.  
Am I entitled to throw water on the dog to try and shut him up? Does anything work?  shouting at him to shut up does no good at at all. 
also, he seems to prefer to 'do his business' on our lawn instead of theirs.  There is no one in my house during the day, so we can't stop him coming in, but its getting beyond a joke to find a fresh turd every evening on return...


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## stobear (9 Feb 2004)

*Re: re*

Try the radiofence link above, it provides an invisible barrier to contain the dog, of course send the neighbours the bill, the dog is their responsibility. I wouldnt be a fan of the collar thing though (shocking the dog) but it does border on reglect if the dog is left there all day, they crave companionship and need attention, maybe the local animal inspector could be asked to contact the owners to question if everything is ok? At least prompt them into taking some action?


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## Bamboo (9 Feb 2004)

*..*

It's normal for a dog (particularly a puppy) to take a while to adjust to its new circumstances and some disruption (i.e. barking) can be expected during this time.  However, it also implicit that the owner should take all reasonable steps to shorten this period by as much as possible and to be a responsible owner.  From what you've described, this doesn't seem to be the case on this occasion. It's hugely annoying, but it's not the dog's fault - it's the irresponsible owners.

I think I'd be inclined to approach the owners and voice your concerns.  If this had no impact, I'd put it in writing to them along with a short record of the "offences".  If this didn't work you'd have no alternative but to go the legal route as mentioned earlier in the thread.  

As someone has mentioned however, a court order won't necessarily encourage the dog to shut up, but it will put it up to the owners to look after the dog properly.  If they can't do that, they shouldn't have a dog anyway, and thata, perhaps, is at the crux of the matter.


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## rainyday (9 Feb 2004)

*Re: re*

And call your local litter warden about the dog's hygiene habits.


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## vidapura (18 Feb 2004)

*Dogs ahve to be taught...*

This is a subject dear to my heart...
Well ok, I'm being driven round the feckin bend by a dog next door.
And... I don't blame the dog.. I blame the neighbours.. 
Basically a puppy's not just for Christmas.... 
The eejits bought a dog to placate the kids... and havent a bog about how to mange a dog.. and obviously don't care.
We have nine (yes nine, they were gun dogs) dogs at home when I was growing up.. and we never had the problem.
Young pups can be trained. They need feedback, same as how you house train em you can bark train em as well. Every time the dog starts up late at night just lob a bucket of cold water over em. You'll only have to do it four or five times and they'll get the message.
Dogs a great, I love em, they are very intelligent and will be able to figure out for themselves when its ok to bark (like when someone actually hops over the wall into the yard) but you have to show em whats acceptable behaviour and what isn't
The whole issue next door to me is neglect, they bought a breed of dog that requires major amounts of excercise. They never walk it, leave it tied to the shed most of the time... and now and then they just let it off to run riot around the estate.. and you see the poor yoke bombing around the place bursting with energy for two hours straight ... its blatantly obvious the poor fecker needs reqular walkin and exercise... 

So, don't blame the dog. Blame the so and so's who are sitting inside the (probably souble glazed) house ignoring their responsibility and not givin a This post will be deleted if not edited to remove bad language about their neighbours.

AS to how to tell the people who own the dog that this isn't on... well... if anyone can tell me how to not end up with trouble.. I'd appreciate it...

One slightly cheek thing I was thinkin of  was to buy a device that emits a ultra high pitched blast of sound that onlydogs can hear. Its automatic, activated by the dog barking..... might just hide it in the shared hedge.. I reckon it'll be close enough. Saw it on www.cpc.co.uk


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## hooper (18 Feb 2004)

*.*

Another 'device' you could try is an air rifle.


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## OBrien (18 Feb 2004)

*Re: .*

As always, the problem here is not the dog, but the owners/neighbours. Hooper, suggesting the use of an air rifle puts you in the same category as them in my book. I'd suggest you might get more joy out of calling the ISPCA than Garda, local authority or solicitor.


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## hooper (18 Feb 2004)

*.*

OBrien: Good man. I'd put me in that category too if I'd been serious.


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## OBrien (19 Feb 2004)

*Re: .*

Excellent - you got some mug to take your bait and to disassociate yourself from the original comment! I responded like one of Pavlov's dogs there, didn't I. Just going to put my tail between my legs and whimper for a little while if you don't mind.....


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## hooper (19 Feb 2004)

*.*

I should of course point out that air rifles require a license in Ireland and unless you manage a 'kill-shot' (unlikely with a pellet) you will do little to reduce the level of barkage.


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## sueellen (27 Nov 2004)

*Re: >>Neighbour Problems - Noise etc.*

*Some other posts*

*Kathleen
Neighbours Overgrown Garden*

My neighbours front and back gardens are completely overgrown and the grass has grown to about 3 ft high and covered in weeds. In fact, there is one weed in the centre of the front garden about five foot tall and looks like a tree. My garden is joined to theirs and all that divides us is a couple of hedging plants (not yet grown into hedge). 

They own their house but do not maintain it and it looks completly run down (oil all over driveway, etc)

Would I be out of order to suggest that they might get the grass cut? I know it is their house and technically they can do what they want, but it is now gone so bad that I am embarressed to bring visitors to my house because it looks terrible. Even the postman chuckles to himself every morning going past!

I am not that friendly with the neighbours, just know them to say hello to, do not have any problems with them in general but this is driving me potty. We dont have a residents association. 

Would I be out of order to have a quiet word?

I am thinking about selling my house and I am sure other people would also be put off by this. 

*Clubman
Neighbours Overgrown Garden*

Er, you don't live next door to me by any chance...? I'll get the shears out tomorrow - promise!  


*Clubman
Neighbours Overgrown Garden*

But seriously ... the best bet might be to try and broach the subject in a reasonable manner directly with your neighbours but if that's not possible or doesn't work then there are litter laws that apply to the maintenance of private property visible from a public area in case that's of any interest to you...





> Litter and private property
> 
> The owner or occupier of property that can be seen from a public place, is also obliged to keep the property free of litter. This means that any outdoor area on your property visible from a public place must be kept free of litter. Failure to keep your property free of litter can result in a fine or prosecution by your local authority


 
*elderdog
Registered User
Re: Neighbours Overgrown Garden*

Might they be getting set aside payments from the EU ? 

*MissRibena
Registered User
Re: Neighbours Overgrown Garden*

Joking aside, I'm pretty sure a garden like this is better for the environment and wildlife than the manicured schemes we tend to go for.

I can understand how it's driving you potty but maybe you should concentrate on chilling out about it. You can't control everything - and it's not as if they are doing any harm or anything wrong. If they decided to clean up their act and install tons of garden ornaments, gnomes etc., this might not be to everyone's taste either. I think the world is gone bonkers on this stuff - my friend lives on an estate where she can only paint her house certain colours!! Personally I believe we interfer in each others lives far too much - live and let live.

Rebecca 

*collieb
Registered User*

Dead right Rebecca,

The Cheek of Kathleen, or anyone else, paying 250k plus for a house and then giving out cos your lazy neighbour devalues it by 5 or 10k compared to other houses on the same estate. its all me, me, me with some people these days. 

and please dont say this kind of things doesnt devalue a house - it does. If you were looking at two houses, both at same price, but one looks like george of the junge lives next doow - which would you buy?

and anyway, im sure if Kathleen wanted to live beside a weed infested field, she could bought a house in (offensive remark removed - please refrain from insults) 

KAthleen, have loads of symnpathy for you. I would try the word in the ear approach, but if you dont get any joy, wait until they are out for the day, or better still a holiday, and simply cut the damn stuff yourself. At least the front.

*MissRibena
Registered User*

No need for the sarcasm collie.

I do have sympathy for the problem, I just believe the problem is more hers/yours rather than theirs.

Devaluation of your property is only an issue if you are selling. I'm sure if she was selling, then she could make an arrangement. Otherwise, as far as I'm concerned it's none of her business. 

I live with neighbours on all sides of me with houses in varying states of repair but keep my own neat and tidy. I wouldn't ever dream of picking them up on these kinds of things. Maybe they have more important things to worry about than that state of their lawn.

Rebecca 

*N0elC
Frequent poster*



> Kathleen, have loads of sympathy for you. I would try the word in the ear approach, but if you don't get any joy, wait until they are out for the day, or better still a holiday, and simply cut the damn stuff yourself. At least the front



I think your best bet might be to offer to cut it for them if they seem reluctant to help out, and then do so every few months, if its still a problem. I can't see that they'd object.

As for cutting it without their permission, or expressly against their wishes, well then you're into the issue of trespass. 

*elderdog
Registered User*

A good place to go looking for an Urban Fox

Or should that be Urbane Fox ? 

*Marie
Registered User
all depends!*

It depends on how you look at things! I was going ballistic a few years ago about the manner in which neighbours on one side of my "postage-stamp-size" garden were planting, and "destroying my fencing" in the process. Got myself in an awful state looking up the law etc.

They have now "let" the house and their rampant planting has burgeoned to the extent the people renting can't even get out there to use the clothes line (so the back door hasn't opened for a year!) What this has meant is the rambling roses have rambled, wild-flowers and grasses have seeded, the ivy has completdely covered their garden shed etc. Far from being a "nuisance" this extends my own garden, is peaceful and and is a haven for wildlife and nesting birds.

I agree with Ms Ribena that there's place for everything. Your neighbour's front garden would be described as a "wildflower meadow" on the trendy gardening programmes. Enjoy! 

*Kathleen
Overgrown Neighbours Garden*

Thanks for the comments.

I dont think I can just chill and get on with it, there was a lot involved for me at the to buy a house in a particular area and do so because I wanted to live there.

I would have bought a cheaper house at the time if the state of repair of the other houses didnt really bother me. I think thats what buying your home is all about. If its not about that, why do people choose to live in better areas than others? Even when people are suggesting on this website about certain areas, the replies have been to go to the area and look at the general state of repair, ardens, grass verges, etc so I do think most people would have an issue about living next door to a tip.

I dont really want to clean their garden myself, I live on my own and have enough to do between work and trying to keep my own area tidy. There are five of them including two burly teenage lads, so surely one of them should clean the area now that schools are out for summer. If it cheeses me off so much I will do it, but only as a last resort. 
think I will broach the subject and see how I get on.

*Marie
Registered User
overgrown gardens*

OK. If you really feel you can't live with it, there ARE Local Authority/Council By-Laws to ensure householders keep the environment in good order and don't cause harassment to others. You could consult your local Council Environmental Department, if your neighbours don't respond to you mentioning that the state of their land is distressing you.

All the best with it. 

*MissRibena
Registered User
Re: overgrown gardens*

Kathleen

I see what you are saying and that might be what you expected, but it's not the way the world works. YOu can buy in the best of areas and find yourself beside a motorway or whatever 10 years down the line. You only have control of your own house. Just a word of caution though ... I'm not a ranting mental neighbour by any stretch of the imagination but if my neighbour called to my door about the state of my house/garden, I think would take offence and would make a point of not changing and would keep a wide berth from them in future and i have to say if someone mowed my lawn for me (as opposed to just being neighbourly and doing me a favour) they could forget it! Just be careful you don't use up valuable neighbourly political capital on such a minor issue.

Rebecca 

*piggy
Frequent poster
Re: Neighbours Overgrown Garden*

I have to say I'm a little surprised at some of the comments here to Kathleen's predicament.

She stated in her original post that "My neighbours front and back gardens are completely overgrown and the grass has grown to about 3 ft high and covered in weeds. In fact, there is one weed in the centre of the front garden about five foot tall and looks like a tree".

Now I'm sorry, but if my neighbours grass was up to 5 foot high I'd be standing at their front door and damn the neighbourly consequences. People need to have a certain level of decency when it comes to looking after their properties. It's very easy to say just chillout about the whole thing but when you're living next door to this it becomes a very different issue.

Kathleen, I wouldn't be afraid of tackling them over this, but perhaps you can find a way to do it that will preserve some sort of relationship with them. All out war is not in anyone's interests. Personally, I'd be inclined to make an anonymous complaint to the council about it. That way, they might do the first job of complaining to them about it on your behalf. 

*MissRibena
Registered User
Re: Neighbours Overgrown Garden*

Piggy

I don't know how you are surprised. Why should you or Kathleen or I have the right to impose our aesthetic judgements on our neighbours?

If it was dirt, noise, smells, light etc., then I would have absolutely no problem with talking to my neighbour. However, the fact that I'm a tidy freak (which I am unfortunately) with a penchent for neat lawns is my problem, not my neighbour's. 

This is a fundamentally different issue to a nuisance complaint.

Rebecca 

*piggy
Frequent poster
Re: Neighbours Overgrown Garden*

Neat freak lawns and 5 foot high overgrown ones are two different things. I'd feel exactly the same as Kathleen.

We all live in close proximity to each other in Dublin so people have an obligation to keep their abodes in reasonable order in my opinion. 

These things do drastically affect house prices. It's not fair to say that's only an issue if you're selling. How are you supposed to solve this issue after you've suddenly decided to sell and this has been going on for years?

A family member used to live beside people like this so I saw first hand what a nuisance and eye sore it was. They did sell, and it proved difficult to do so. The neighbours used to keep old bits of wood and scrap metal in their back garden too. It looked like a scrap yard when you looked out from the bedroom window. 

*zag
Administrator
Re: Neighbours Overgrown Garden*

But it's *their* back garden.

Where do we draw the line ? Maybe I hate blinds on windows and maybe the person 2 houses down hates curtains and we both feel that their presence lowers the tone of the area. What if we all started telling the person in the house between us that they can't have blinds *or* curtains because they are affecting house prices in the area ?

What about house colours ? If someone wants to paint their house electric pink it may be visually offensive to some people, but it's *their* house.

I agree that it may look poor, but I don't think there is any inherent duty on house owners to be tastefull and fit in with the rest of the road. It's nice to conform, sure, but there is nothing inherently wrong with a wild garden.

z 

*piggy
Frequent poster
Re: Neighbours Overgrown Garden*

It's nice to conform, sure, but there is nothing inherently wrong with a wild garden.

There is if it lowers the price of surrounding houses significantly.

Blinds and curtains would not fall under the area of acceptable decorum in my opinion. 

*Tommy
Moderator
Re: Neighbours Overgrown Garden*



> There is if it lowers the price of surrounding houses significantly



House price valuations are, by their nature, subjective - until and unless a property is sold. You are hardly likely to receive much sympathy from the Council or anyone else if this is the sole basis of your complaint. 

*MissRibena
Registered User
Re: Neighbours Overgrown Garden*

But that's only your opinion, piggy. Who makes you the arbiter of taste; blinds/curtains ok, long grass is not? 

A bright pink house next door could equally reduce the price someone is willing to offer when it comes to a sale. I might offer more for a house with blinds than curtains if that is what i prefer. I might offer more for a house that doesn't have a landscaped garden, preferring to put my own stamp on a place. You do not have a "right" to your house price when it goes on the market.

In any case, is your house not your home before it is an investment and are you neighbours not your community? Kathleen only knows her neighbours to say hello to but feels she can comment on the height of their lawn! She doesn't know if there is some reason for it but just assumes they cannot be bothered (which is their right anyway, IMHO). However, there's nothing to say that there isn't another reason like; not enough money to fix the lawnmower, a tragedy in the family, marital problems, run ragged commuting half-way across the country... there are tons of reasons they may not have got around to it. Getting to know the people seems to come way behind their conformance to a particular idea of what constitutes a nice garden/area. An idea that there appears to be consensus on but IMHO the consensus only exists because most people are so busy keeping up with the Joneses being sheep or are afraid what their judgemental neighbours might say if they are seen to "let their place go". Get a grip I say, there is ten times more to life than the state of your neighbour's lawn or the potential price your house *might* fetch *if* you were selling it. I reckon if that's all you have to worry about, then count yourself lucky and go and find something more useful to do with your spare mental energies.

And as for measuring someone's "decency" by the state of their lawn ... it has to be one of the most depressing comments I've seen here in a while. 

Rebecca 

*piggy
Frequent poster
Re: Neighbours Overgrown Garden*

But that's only your opinion, piggy. Who makes you the arbiter of taste; blinds/curtains ok, long grass is not? 

You're right...much like everyone elses, it's just my opinion. 

*MissRibena
Registered User
Re: Neighbours Overgrown Garden*

Exactly, so what gives you the right to impose your opinion on your neighbour who may be of a different (but equal) opinion?

Rebecca 

*piggy
Frequent poster
Re: Neighbours Overgrown Garden*

so what gives you the right to impose your opinion on your neighbour who may be of a different (but equal) opinion?

First of all, I'm not imposing my opinion on anybody. Secondly, if I was, I'd have the right to request my neighbours to sort their garden out because that'd be my opinion on the matter, for the reasons I've already outlined. 

Do you think that people don't do anything because doing it would be just their opinion??

We simply don't agree on this matter. 

*MissRibena
Registered User
Re: Neighbours Overgrown Garden*

Requesting your neighbours to change their garden to suit your opinion, is imposing your opinion on them, IMHO. 

But you are right, we will have to agree to differ on this one.

Rebecca 

*JSmith
Overgrown Neighbours Garden*

I have to say I would agree with Piggys comments.

Blinds, etc, might not be to everybodys taste but it is peoples own personal choices at the end of the day and that is their perogative.

Kathleen said that part of her problem is that apart fromthe overgrown lawn, there is oil etc spilled on the driveway and just left there. so it would appear that it is more than just an overgrown lawn. 

This is not an issue of taste. Its an issue of dirt. It costs nothing to be clean. Theres no excuse for filth no matter what the circumstances.

And living shoe box style in Dublin as we all do, a bit of consideration goes a long way (from both sides) I dont think Kathleens neighbours are very considerate, so why should she not broach the subject. I certainly would have no hesitation in doing so.

Failing this, send those two mad women around from Channel 4 - you know the programme "How clean is your house"

Good Luck

*Clio
Knocking boundary wall*

I am considering building a conservatory. I have a 3 bed semi with an extended kitchen and propose building the conservatory between the kitchen and the boundary wall. I have had a few quotes, all with different views on how the boundary wall should be handled. My preference would be that the wall would be knocked and the supporting wall of the conservatory would act as the new boundary wall (on my side of the boundary, of course!). Pending agreement from the neighbours on knocking the wall does anybody know of any legal ramifications of this - should there be a written agreement rather than verbal? Or, am I better leaving wall as is and building inside it? All advice greatly appreciated. 


*Clubman
Knocking boundary wall*

I presume you know that you will need planning permission for the erection of any permanent structure? 

*ajapale
Re: Knocking boundary wall*

Hi,



> you will need planning permission for the erection of any permanent structure



Most local authorities exempt certain small scale developments such as conservatories form planning permission.

Clio,
Have you discussed this with your neighbour, perhaps they would like to do something similar? I have seen situations where a neighbour was not agreeable and the wall was built inside the existing boundary wall

ajapale 

*Clio
Boundary Wall*

Thanks for your reply Ajapale. Yes, you are right about the planning permission - it is not required for small scale developments such as this. I haven't spoken to my neighbour as yet as I wanted to get some info on my options as some of the companies who have quoted me have said they will not touch the boundary wall regardless of whether I have agreement from the neighbours! 

*Laoise
Boundary wall*

If the house is a semi and you propose building to the boundary wall, then it sounds as though you might be closing off any acess to the rear of the house from the front. Unless you have another rear entry to garden, this may have fire acess implications, could contravene building regulations or have insurance implications. 

*Clubman
Knocking boundary wall*



> Most local authorities exempt certain small scale developments such as conservatories form planning permission



I stand corrected - sorry! 

*northie
Re: Knocking boundary wall*

Currently in the middle of building works ourselves and one of the things we are doing is extending the kitchen to the boundary wall.

Had a chat with the neighbour about taking down the boundary wall, building our wall on our half of it and rebuilding their half wall with it.

Turns out he was considering a similar job in the next couple of months and has agreed to us taking down the boundary wall and building our foundations and wall directly on the boundary. This in effect means he owns half the wall and foundation and will tie into this with his extension.

He's delighted as now he doesn't pay for one wall and foundation (strictly speaking he should pay for half the costs but we let it go)

It is definitely worth checking out all the pros and cons of this as legally he owns half the wall.

I'm surprised at some of the companies refusing to touch the boundary wall as once you stay to your half of it and rebuild the other half wall there shouldn't be a huge probably, assuming you have agreed everything with your neighbour.

*PMU
Registered User
Re: Knocking boundary wall*

You will almost certainly have to knock the wall to lay the foundation of the external wall of the conservatory. You will also need your neighbours’ permission if your builder needs to enter their property to excavate the trench for laying the foundation and the foundation may stretch under their land. Your proposal that the wall of the conservatory should be the new boundary wall, but within your side of the boundary is probably the best but you will not be able to overlap their side of the boundary with guttering, etc., i.e. anything that could prevent them from building up to the boundary in the future. Normally, you don’t need planning permission for small extensions but there are conditions, and you can check out here if you are exempt: [broken link removed] It is essential that you confirm this as it will be very difficult to sell your property in the future if any unauthorised change to the building has taken place. Before work starts you should mark the position of the new external wall of the conservatory on the back wall of your house, agree with the neighbour that this will be the location of the external wall, measure and confirm the distance from the side wall of your neighbour’s house to the marked location, photograph it in case of future disputes, and contractually oblige your builder not to build the wall beyond this location. 

*Clio
Boundary Wall*

Thanks to everyone for your replies, you've been really helpful and I now have a clearer picture of how I should proceed. 

*legend99*

Bear in mind that the area under which you are exempt from planning must include the area of what you mentioned is the already extended kitchen....i.e. if that is say 10 square meteres, and the threshold for not needing planning is 20, you can only have a conservatory of 10 square metres. Those are only example figures mind.

Thats to stop people building say 5 extensions of say 19.99 square metres and claiming each is exempt from planning! 

*SlurrySlump
Your gutter is leaking*.

Will the gutter/runoff be on your neighbours side and will you maintain it?


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## sueellen (27 Nov 2004)

*Re: >>Neighbour Problems - Noise etc.*

*Some other posts*

*angry
Neighbours*

Can anyone offer advice on the following.....

Our neighbour a couple of doors up has build a 'garden shed' in his back garden. Now we knew when he started building that it wasnt just a garden shed he was building as it has PVC Windows and hall door etc. He never applied for planning permission and someone said that he doesnt need it if its under a certain height. Anyway the problem is that he has the 'garden shed' rented out to some friends of his son and they all have cars. The neighbours drive is quite small and the cars are parked all over our little cul de sac every night making it extremely difficult to get in and out of our own drive. Our gardens dont have any walls/gates and sometimes we have to drive over our lawn to get in our drive. This is annoying the hell out of me because a few months ago a friend of mine was visiting and parked outside my house and this neighbour snapped at him as she couldnt get her car out.
When our friends visit there is usually no room outside ours as all the street is taken up with the neighbours cars.
This neighbour is a builder and drives a van with a trailer which is tearing up the road in the cul de sac as its so heavy. When he is trying to reverse it into his own drive he has to drive it into my drive first to swing the trailer around with the result that where my tarmac drive meets the footpath is in bits.
I have asked him nicely a few times to stop doing this but he just scowls back at me. 

*Clubman
Neighbours*

Not sure if you want advice on the planning or "nuisance" aspects of this situation. In relation to the former some developments are exempt from PP:



I presume that if a converted shed was to be rented for accommodation purposes then it would need to meet the relevant building regulations (available from DoE or perhaps on their website)

www.environ.ie/doei/doeihome.nsf?Open

I'm not sure what, if anything, can be done about the parking and traffic issues. 

*Trythis
Think about it.*

Park your own car across your drive.
He cant turn in your driveway if your car is parked there.  

*Moneybags
Frequent poster
Re: Parking Issue*

One solution might be to apply to the local authority to make the cul de sac residents-only parking. This means that anyone else would have to pay, perhaps some sort of pay and display arrangement. 

This would require a vote in favour by a majority of the residents. 
The downside can be that the local aothority will then restrict the amount of parking spaces to one per house, so there's no wasy that two-car households will vote for it. 

*PMU
Registered User
Re: Neighbours*

All developments, unless specifically exempt under the Planning laws, require planning permission. An indication of where developments are exempt can be found on Dublin City council’s web site: [broken link removed] You are saying that your neighbour has erected what is in effect a domestic dwelling in his back garden. This would appear to require planning permission, but you need to phone your local planning officer to check if permission is required and if has been granted. If it has and it’s outside the time limit for making objections there’s probably nothing you can do. If the development requires planning permission your neighbour will probably ask for retention permission, and you should be able to object. But your objections should be framed in planning terms and not just on the nuisance caused by parking. For example, is there rear access to this development? If not, and there is a fire or accident how can the emergency services gain access to the development? Through your neighbour’s house? Does this dwelling cause the housing density to be exceeded, etc.? Does the development comply with building regulations, etc.? It would probably be better to make any objections through your residents association. 

*molly
noise levels from neighbours*

moved into new house 4 weeks ago. recently neighbours moved in to the right hand side of us. they are renting the property. a few nights we have been able to hear very loud music migrating through from their back bedroom to our back bedroon. needless to say i am annoyed. however i would not like to rock the boat with my neighbours so i was wondering if anyone has any suggestions as to how to approach this problem?

should we go through the estate agent as surely there is something in their contract as to playing loud music? or should we approach them directly and be very diplomatci about it all. however i'm afraid i will lose the rag 

*fatherdougalmaguire
Frequent poster
Re: noise levels from neighbours*

First step would be to approach the residents yourself in a reasonable fashion. Appeal to their better nature.

If unsuccessful, you could try pursuing the landlord.

Failing that, you could serve them with a notice to meet with the district court clerk who may decide to issue an order on them.

For now, though, try the direct approach. You should also keep a diary of all instances should it result in you taking the court clerk avenue. Maybe try consulting with the local community garda/gardaí. They might be able to advise you but they can't take any action themselves. If you got them to visit while the noise is in progress, they could also serve as a witness to the situation should it end up with the court clerk. 

*Clubman
Re:  noise levels from neighbours*

I personally would be inclined to first try asking them politely but firmly to deal with the situation if it is a genuine nuisance. If they don't know that the noise is causing you grief then they are unlikely to do anything about it. If they refuse and you feel that you are in the right then there are other possibilities to consider:



However better to start with the more diplomatic approach before escalating things. It may not be necessary once they are aware of the problem. 

*molly
Re:  noise*

tried the diplomatic approach yesterday morning at 10am. Mother answered door in dressing gown - music was blaring from upstairs to feed the whole house. can't believe she had no idea.

last night went to bed early. could hear music from sons room through our wall. can't say it was very loud - could just hear the thumping beat. had to move rooms then as i couldn't stand it. 

anyone have any suggestions for noise proofing the wall without have to structurally change the wall. i.e. can something be pumped in to the cavity via the attic. All i want is an easy quiet life. not much to ask for! 

*PGD
Frequent poster
Re: noise*

you need to live in a detached house.
blame to guys who stockpile land around dublin and sell to property developers at high prices, and the property developers who build high density houses with paper thin walls. 

*Clubman
Re:  noise levels from neighbours*

"tried the diplomatic approach yesterday morning at 10am. Mother answered door in dressing gown" 

Not being dressed at 10am on a weekend morning is hardly unusual in my opinion. Anyway, did she entertain your complaints at all?

"last night went to bed early. could hear music from sons room through our wall. can't say it was very loud - could just hear the thumping beat"

Do you mean that they turned it down compared to previous occasions and now it's really a case of normal sound transfer between adjoining houses? 

*cobalt
Registered User
soundproofing*



> anyone have any suggestions for noise proofing the wall



See Father D's suggestions in . 

*sueellen
Moderator
Re: noise levels from neighbours*

Hi Molly,

Subject close to my heart! Have the pleasure of living next door to a rented house and been there, done that etc. 

I know you shouldn't have to but have you tried [broken link removed] or, if I was in your shoes, and desperate enough, I would give them a present of cheap infra-red headphones

On your question of insulation this thread might provide some info 

Hope things go well for you because I know its very hard to cope with lack of sleep. 

*ear muffs
Noisy Neighbours*

How would one go about measuring sound coming through the walls of a terrace. Am having nightmare scenario where neighbours are playing loud music at stages during the day - especially weekends when i am trying to appreciate my new house.

I have approached them and they say they do not play it at night which would be worse i know (but they have a family so of course they wouldn't). Now i want to measure the level of noise and possibly go back to the builders.

Would soundproofing cost much? I really am considering it as it really is stressing me out. I am also thinking of when we might sell on and if we show house and music is blaring we will never sell it.

Does soundproofing mean the electrics, skirting etc will have to move?

*mo3art
Registered User
Re: sound*

If your house is quite new, you might have recourse with the builders.

I would recommend you contact the builders and make them aware of the problem, invite them down on an informal basis and show them exactly where in the house the noise is a problem. If the builders skimped on insulation or plastering, the sound could be travelling very easily. Of if the doors or windows weren't sealed properly this could cause sound to travel too.

Also the fact that more and more people like wooden floors in their houses means that sound travels much easier from house to house. With carpets and wallpaper, these afford a better form of insulation from sound.

If the builder can't come up with a solution for you, contact your local council to come out and take a look. You'd be surprised how often this happens ;-) Recent changes in the building regulations make it illegal not to adequately sound proof from unit to unit. That's not to say you should hear nothing, but any noise from next door should be in the background.

Technically, our new home is sound proofed. That is, if all the vents on the windows are closed, it is very hard to hear anything that is going on inside the house. But we then risk carbon monoxide poisoning from our GFCH & a very smelly home. Catch 22.

HTH


----------



## sueellen (28 Nov 2004)

*Re: >>Neighbours - noise problems etc.*

*Some other posts*

*legend99
Hedge Issues with Neighbour*

Guys,

Can someone help me asap. Have had serious hedge issues with neighbour in a bungalow my parents own near the seaside.

They are an eldery couple and your one is nutty like. So anyway, I started cutting the hedge that is 10 feet high and blocking light from coming into one of our bedrooms. She arrives up going nuts saying I cannot touch the top of her hedge I can only cut that that overhangs myside. 

So basically, what rights do I have if any to cut the top of the hedge? I thought I had read before I am entitled to cut it down if it is blocking light. 
I understand I have no right to a view.....as a result of this hedge we have completely lost our view of the harbour/water area. Is that correct?

In addition as she claims she owns the hedge am I within my rights to feck all the cuttings from my side in on top of her...why should I have to pay to dispose of them? In addition, could I go and pay for someone to cut the hedge and bill her, the lunatic that she is?

To be honest I have had it with her at this stage. If anyone even visits us when she is down there she comes out for a stare. An immediate member of my famiy is in the legal business and I am fully prepared to go all the way on this... 

*jem
Moderator
Re: Hedge Issues with Neighbour*



> An immediate member of my famiy is in the legal business



As a matter of interest and not being smart in any way whydon't you ask this person whom you know.
Perhaps you might post back the answer you get. 
hope this helps

*legend99*

Shes away on hols for the next two weeks.....so I can't alas!!!! 

*Miner
Hedge cuttings*

Hi Legend. Not sure about your rights to a view but any part that overhangs on your land, you can cut and chuck it back over to her side of the hedge. I had this issue with a neighbour and an amicable agreement was reached i.e. neighbour let me cut it and I stopped throwing it in their flower beds. 

*Laoise
neighbour's hedge*

"So anyway, I started cutting the hedge that is 10 feet high and blocking light from coming into one of our bedrooms"

Be careful. You have no legal right to damage any of her property, including hedge. (aside from the branches hanging into your garden.
You could well find yourself being sued by taking the law into your own hands like that.
Maybe unfair, but true. 

*legend99*

I understand from talking to the citizens advice bureau that I have a right called 'ancient lights'.

As my view and light are being restricted I may resort to this. 

And start firing my hedge, of which there is a lorry load full over the wall at them and start being as confrontational as this batty woman.

The last time we had builders down there, the builder rang us up complaining she was harrassing him. She kept coming into our place where he was working telling him to do this, that and the other. In the end he told her to p!ss off...bit infuriating to be honest.

*AJ
your rights*

Legally you may trim back the branches and roots as far as the boundary. 
(Be sure you take all steps to appear as reasonable. You could inform your neighbour that you intend to cut the trees back to the boundary and could invite her to make arrangements to witness the cutting. If the trees were to die of disease as a result of cutting it would then be difficult for your neighbour to take you to the Civil Courts and establish that you had deliberately killed the trees). 
Topping the hedge is illegal and could land you in court, which by the sounds of her could well happen and having to pay compensation and a colossal expenses claim.

An interesting line which a farmer informed me about, is, you could mention to your neighbour that failure to keep the hedge suitably maintained would be almost certain to result in the invalidation of the third party damage cover, which most house insurance policies include. This means the responsibility for paying for any damage to your property from her hedge, would be her own, and not her insurance company's.


*legend99*

So is there anyway to enforce a topping of a hedge? If not then that is insane...what about people who leave those palm trees grow to 40 feet? 

*fatherdougalmaguire*



> I started cutting the hedge that is 10 feet high and blocking light from coming into one of our bedrooms.



Maybe AJ might know something about the right to light. I'm sure it's come up on AAM before. If the hedge was originally low (not blocking light) before you took ownership of your bungalow and it has since grown over to block light, I think you have a right to cut it back down. I'm not 100% sure but maybe one of the legal eagles might provide more info.

A quick search for "right to light" throws up [broken link removed] (end of 5th paragraph) 

*legend99*

As I said earlier this woman has harrassed us for years and I have reached the end of my tether. 
If it comes to it I am going off for my day in court to get this resolved one way or another regarding the 20 years thing and the ancient lights principle.

You know the way she is entitled to any cuttings from my side. Do I have the right to just feck them in on top of her in any case even if she doesn't take up her right to want them? Why should I have to go to the bother of dumping them?
In addition, if I pay someone to cut the hedge can I bill her for it? 

*heinbloed
hedge cutting*

You should not cut a hedge during the breeding season.
Even under Irish law that is illegal,nature preservation. 

*legend99*

Then I'd imagine that along with 80% of the Irish Population who cut their hedges at the start and end of the summer that there is going to be a hell of a big back log of cases.. 

*Spacer*

Not sure how true it is, but I heard that if the hedge is planted on your neighbour's property and grows into your property, the part of the hedge overhanging your property (i.e. on your side of the boundary) remaind the property of your neighbour.

Therefore, the overhanging hedge you cut remains the property of your neighbour even after it's cut and, strictly speaking, you're oblibed to give it back to them. 

*ninsaga
Frequent poster*

By the way no one has a particular right to a view. If it blocks light You may need to take legal advise. You can only cut what overhangs onto Your property.

Alot of problems arose in the UK in the last number of yrs where people planted a particular conifer tree along boundaries. This particular variety though grew at a rate of about 4ft a year & it led to alot of people being in the same situation You are now.

ninsaga 

*legend99*

According to the local citizens advice bureau there is a right of 'ancient lights'., where if you have had a view for more than 20 years and light then you actually do have a right to a view. I always thought it was only light you had a right to but it appears not...

We used have a view of the harbour but because of her that view is not totally gone and in addition she has planted a tree behind the hedge to totally block the view completely. Therefore I am seriously considering when my relation who is a solicitor gets back to taking her to court under the ancient lights privelge. That and the fact that she is driving us nuts looking out the window everytime we go out our gate...

*Marie
Registered User
boundaries*

My neighbours planted "rampant invasives" (mallow, buddleia, potato-vine) very close to the wooden boundary fence to the extent the roots damaged it and their is overhang and seeding of these shrubs into my (postage-stamp-size) garden. 

I had to research the legal position. Any damage to your boundary fence (which is regarded as "damage your property") by inappropriate planting (the conifers you describe sound like Leylandiii, which is banned here in UK!) can be claimed against the neighbour.

As other posters here have informed, you can cut anything that overhangs your garden. This belongs to the neighbour AND MUST BE RETURNED (i.e. you cannot plant it, burn it etc., it belongs to them......unfair but true). So you can "feck it back" if you wish, though that doesn't sound conducive to resolving the issue of neighbourhood harmony.

My neighbours behaved badly as an outcome of their insecurity and jealousy. It sounds as if these neighbours feel threatened by activities (new building, the help you give your family etc.) and I wondered if they are feeling a bit overwhelmed by trying to keep their garden tidy themselves (comes to us all with increasing age!!) though they want/need the hedge to protect their fragile privicy.

Neighbourhood disputes are awful and there is no way around them. My "lot-next-door" actually put up 2 metre high rods with barbed-wire along the length of the boundary parallel with my 4' high wooden fence, once when I was visiting my sick mother in Dublin. Legal advice was they were breaking the law (b-w must be a minimum of 2 metres above ground-level). Advice was that it is EXTREMELY DIFFICULT to prove these harassments and infringements in Court and it's a line of action best avoided as "intentionality" has to be proven. What I did was put up trellassing and now my honeysuckle, clematis and climbing roses hide their sick monstrosity from view. I wish I could have found a way to reconcile (the house is "let" and they live elsewhere) and I would try to do so more especially with an elderly couple. For example, are they aware how upset you are with the loss of the sea-view? Perhaps you could invite them round for a cup of tea in your garden and gently explain (and they can see for themselves!) how their hedge and new tree affects you. All the best with it.  

*okidoki987
Registered User
Kids kicking football into Garden*

Just moved house and beside my new house is a green field and on the other side is a garden of a house, where my kids (unfortunately) have kicked some footballs into.
None of the balls have been returned over the wall.
The house/garden has electric wooden gates.

(A) Have I any legal right to go into his garden to reclaim my/our footballs?
(B) Has the owner (old man) any legal right to hold onto the balls?
(C) Have I any right to force him to return the footballs?

*Landlord1*

Perhaps before getting into legalities and trespassing etc just knock on the guys door, apologise for the incident and ask nicely for the footballs back?

In the end of the day it's just a football though and not worth making an enemy of your new neighbour surely? 

*okidoki987
Registered User*

Tried that.
He refuses to answer the door (intercom), very old man.

*Landlord1*

Ah well, had something similar last year with a neighbour, bought new ball and warning to kids wouldn't be replaced again if it went over the wall again.

Lifes too short to stress about these things but I'm sure someone here can advise you on the legal aspect if thats what you want to do. 

*zag
Administrator*

I doubt he has any obligation to return the property. If he did there would be plenty of scope for causing undue hassle to other people - just keep kicking footballs into their garden and insisting they give them back.

I'm not sure if their are other issues involved with your neighbour, but I would have thought the best course of action was to tell your kids to stop kicking balls into his garden. That would solve the issue.

It's not as if he is going out of his way to annoy you, if anything else it seems he is the one on the receiving end. Maybe he has a nice garden and doesn't like footballs landing in the middle of his flower beds ? Maybe his garden is a mess and he can't see the balls.

z 

*paulocon
Registered User*

Simple answer...

Send kids to samba soccer school to improve their aim!
Only Joking...  

Your neighbour would be in no way obliged to co-operate with you in this manner. If you happen to bump into him coming/going from his house, just offer him an apology and let him know that you've warned the kids. If he reacts badly, there is nothing you can do.

Just make the kids get a new ball with their own pocket-money next time it happens. You'll find it'll probably happen less and less often.

*Clubman
Kids kicking football into Garden*

Agree with the comments that a pragmatic rather than legalistic approach to dealing with this matter is the most advisable. The kids next door to us are sometimes kicking balls in but when they do it repeatedly over and over again on a particular day, particularly after I've asked them not to, I just stop throwing them back and leave them there until the next day when I throw them back. 

*AmandaC
Footballs in the gardens*

Reminds me of when we were kids playing on the green area and the football was going constantly into one neighbours garden who lived directly beside the green. She was a widow and must have been driven demented by kids playing ball from breakfast to sundown.

After getting it back on about 50 occassions on one day, it went in again.

Knocked on the door. "Can we have the ball back please?" Neighbour comes out with said football hissing and deflating on the end of a pitchfork. "Is this your ball? Ah god, sure it just landed on the fork." Needless to say, no more footballs got the opportunity to land on the fork again.

The neighbour in question has since died, but everytime I pass the house to visit my parents I smile to myself.


----------



## sueellen (8 Jan 2005)

*Re: >>Neighbours - noise/nuisance/security problems et*

*Some other posts*

*Trixie
Registered User
Anti-Burglar Paints?*

I have a problem, being last house in row, of teens using my 6ft tall garden wall as a short cut to their new hideaway (aka drinking den!) anyway, having asked them politely to desist - unsuccessfully obviously - I'm going to paint the top of the wall with this stuff. 

Never having used it before I'm wondering:
(A) is it any good?
(B) do I need to treat the concrete capping on the wall with something else first?
(C) As they are climbing onto the wall of the neighbours who back on to me first and then walking the full length will this stuff work if they're already up on the wall rather than trying to climb up onto it?

thanks 

*Once Bitten
Registered User
Anti-Burglar Paints?*

Just some quotes from One Sample Product


> Benefits
> 
> Permanently greasy surface deters intruders.
> 
> ...



I would advise extreme caution here. I was not aware of this product line before now, but there are lots of alarm bells (pun) going off in my head.


1) Note the height restriction in here. Is your wall that high ?
2) Note that it suggests accidental contact with persons or pets should be avoided. 
3) Remember these kids are a nuisance. They are not burglars ... yet. This stuff sounds like it would be a good enough nuisance to act as a deterrent, but also dangerous enough to possibly cause an accident (fall or contact damage) to neighbours pets or kids.

It will be interesting to hear from someone that has used this stuff, but from what I can see, I wouldn't touch it with a barge pole. It would be fine on (say) a downpipe where traffic is not expected, but not on top of an adjoining wall. If I was to use it on a wall, I would use it on a stretch of the face of the wall, but not the capping. Using it on the face would deter climbing with little risk of causing injury.

*ClubMan
Administrator
Re: Anti-Burglar Paints?*

[broken link removed] boards.ie topic on security might be of interest. 

*sinead76
Registered User
anti-burglar paint*

A person in an estate in my town had a similar problem and put tar on his wall to annoy the youngsters. They broke every window in his house. 

*sunnyday
Frequent poster
Re: anti-burglar paint*



> A person in an estate in my town had a similar problem and put tar on his wall to annoy the youngsters. They broke every window in his house


. 

I was just going to suggest the possibilities of something like that happening! I know it's a horrible situation, and you do have my sympathies, but think carefully about this. I really think it might backfire on you if you go down the route of trying to get the better of little p*****s like what you're dealing with here. I don't have the answers on how to deal with it. But I think this will just fire them up. What's the chances of growing a thorny creeper that may keep them off the wall but is less obvious an attempt to get rid of them? That's just one idea, maybe others can come up with something else??


----------



## sherman (12 Jan 2005)

*Re: >>Neighbours - noise/nuisance/security problems et*

How about calling the Guards every time you see them using the wall? Even though they may be over 18 (unlikely) the guards will still go to their little drinking den and break up the party. They only need one/two 'visits' from the guards to deter them. Otherwise, try finding who owns their drinking den and have them deal with it ie block it off etc.


----------



## sueellen (14 Feb 2005)

*Re: >>Neighbours - noise/nuisance/security problems et*

*Some other posts*

*Daithi*
*Registered User*
*Tall trees next door*

Just moved into a new house a few months ago.
There are 50ft conifer trees on the boundary with a neighbour. During the storms last week i thought they were going to come down and hit the garage or house but they didnt.
We asked the neighbour if we could cut them down to 25ft (which is still very high, higher than the house) and we'ld pay for it but they refused to let us.
Now i'm really worried about them coming down and hitting the house, not to mention that they are HUGE and block all the light from the garden in the afternoons. 
What can i do? I dont even want to get rid of them, just get them to a reasonable height?

*Dr Moriarty*
*Very frequent poster*
*Re: Tall trees next door*

If they're demonstrably blocking your light, then I'd say you have an enforceable case (will try to find a relevant legal reference later today ...or perhaps someone else here will come up with it sooner?).

You've already approached them verbally, and even offered to pay for the work — which you didn't have to do, IMHO — and they've refused, which seems pretty unreasonable. Your next step is probably to put it in writing, and indicate that — if they still won't comply — you intend to take 'such steps as are necessary'...

(but don't 'trespass' on their property in the meantime..!) 

*Daithi*
*Registered User*
*Thanks Dr Moriarty*

Thanks for the advice Dr.
We dont want to upset them as they are an old couple and we are just the blow ins but i think these trees need to come down to a manageable level or there will be damage to the house. Also the needles etc blow off of them onto our garden and drive which makes it dangerously slippy. 

*EAMONN66*
*Frequent poster*
*similar query*

hi , ive got a similar query. im buying a new house with very high trees between the house and a neighbour. in this case the trees are on our side of the fence and cast a shadow into our garden. does anyone know if the neighbours would have a right to object or stop me cutting them back. 

*legend99*
*Very frequent poster*

You're, I think, looking for info about the principle of ancient lights. 
But I think to enforce that, the lights that is now being blocked would have had to have been accessable for 10 years before being blocked...
Google it.....I remember checking into it about 2 years ago...much the same thing. 

*sherman*
*Frequent poster*

Surely Eamonn 66 its your property and you can do whatever you like with YOUR trees - they have no more right to complain than if you wanted to paint your living room purple. 

*Marie*
*Frequent poster*

Eamonn66 - Cast a shadow across your garden WHEN? If they are to the north or east of your house it might be worth thinking about retaining them if they are a windshield for north or northeasterly winds. Same goes for the original post. If the western (prevailing) winds of the storm were blowing the conifers in the direction of the property they are also - in general terms - shielding the house and garden. My mother (who knew nothing about gardening) removed a line of privet hedging from her garden in Dublin at one stage and couldn't understand why the wonderful standard rose bushes began to fail. The hedge was put there by my father (who WAS a gardener!!) to protect the roses from wind - which they hate! 

As far as the Ancient Lights laws are concerned I understood this applied only to structures immediately adjacent to windows? 

*legend99*
*Very frequent poster*

if the trees were blocking light into a window I think ancient lights would count....

An awful lot of this depends on who actually owns the trees in question....i.e. who planted them.
As regards the parts on yoru property you are entitled as far as I know to cut them immediatly...i.e. you can cut back as far as the boundary division. But you can't cut anything off the top..unless you literally had a court injunction to say you could... 

*EAMONN66*
*Frequent poster*

thanks everybody 

*Daithi*
*Registered User*
*They are to the west*

In my case the trees are on the west side of my garden.
Not too worried about flowers, but i would like some light in the garden.
These trees are too big as it is and i think cutting them back to about 25ft is not unreasonable. Also it means that if they fell they would not reach the house just flatten the shed. 

*zag*
*Administrator*
*Re: They are to the west*

Daithi - these trees were there when you came to look at the house, they were there when you put in a bid, they were there when you signed, and they were there when you moved in. The neighbours didn't pull a fast one on you by erecting them at some stage in the above process - they have been there a long time.

The only thing that has changed is that you have now noticed them.

I appreciate your concerns (I wouldn't want a tree falling on my house) but I don't think there is anything you can do to make your neighbours reduce their height.

You could try contacting your local authority and seeing if there are any regulations covering this type of risk - if there was an imminent risk of the trees falling (like they were rotten, not just big) there presumably would be something that could be done from a public safety aspect.

As I understand it, you can remove the parts of the tree on or over your property, but I am pretty sure you cannot (legally) do it to the extent that it would put the survivability of the entire tree at risk - and anyway this would probably increase the chances of the tree falling on your house.

z 

*Daithi*
*Registered User*
*I know*

I know what you're saying. I never said that i dont understand the neighbours point of view. I'm not even worried about damage to the house if a tree falls (And they looked very much like they were going to fall at the weekend) I'm worried about who it might injure or kill in the house if one falls.
At least if there was no-one in when one hits, either the neighbours or my own insurance would cover the damage, given the fact that i have asked the neighbour to allow me to do something about the problem.
Friday night a friend who lives in a two story building only about 2 miles away had a similar tree come crashing through their window, so i'm waiting to see what happens there

*Sueellen,*
*Moderator.*

Saw an item on TV3 recently where the author of this book (Legal Expert)[broken link removed] went into the nitty gritty of this problem.


----------



## sueellen (12 Mar 2005)

*Re: >>Neighbours - noise/nuisance/security problems et*

*Some other posts*

*dr who
Registered User
noise from next door*

I live in a newly constructed terraced house and since i moved into the house in july 04, there have been on-going issues with bass noise (music) coming through the walls from next door. It is only from one side that the problems occurs.

I have discussed it my neighbours 3 times but to no avail. they are renting the house, so I got in touch with the owner via the estate agent. For a while the noise was lowered but it started up again. 

The builders were still on site so they agreed to perform a sound test on the house via an external company. the results of this test confirmed that the build was up to the correct building regs. On confirmation of this and subsequent noise issues, i again contacted the owners via the estate agent. 

This was over 2 weeks ago and despite us leaving contact info we have not heard from the owners. The noise related issues are still on-going, so I am wondering what is the best way to proceed with the problem.

I would really like to speak to the owners of the house but do not know how to go about finding out who owns the house. Due to confidentiality obligations the estate agent cannot give it to me. I have contacted the Citizens Advice Bureau who sent me out info on how to proceed but it seem quite drastic; i.e. legal action.

Has anyone ever undertaken this step and how successful is it? I would appreciate all comments as I it is a constant worry that the situation will get worse. 

*fatherdougalmaguire
Very frequent poster
Re: noise from next door*

Join the queue. The only official recourse is to arrange an appointment with the district court clerk. No legal representation is required. The mere presence of an invitation to such a meeting might be enough to get the landlord to cop on. For now, keep a log of all disturbances. Also talk to your community officer in the local Garda station. Although there's nothing they can do legally, a visit from them to your neighbour one night might be enough to put the coolers on them. Get them to pop into your house beforehand though so if you do decide to go to the court you have a professional witness.

So far we haven't had to go to these lengths but I, and many others, can sympathise with you. Especially when you've moved into a new house which you were no doubt excited about only to have inconsiderate people live next door and ruin it all. It can get very stressful sometimes.

Another avenue you might pursue would be to bring it to the attention of your local councillor. My take on it is that the regulations clearly aren't good enough when it comes to party walls in semi-detached houses. 

*sueellen
Moderator
Re: Noise from next door*

Hi Dr. Who,

Welcome to AAM. Hope we can provide some help. 

Know exactly where you are coming from because of a rented house that we have next door to us although we know who the landlord is.

Your best bet for good advice is probably the  although they would appear to be extremely busy at present.

Hope this helps. 

*heinbloed1
Registered User
noise/sound test*

Hi dr.who!

Those who pay for the band decide what tunes will be played.
Get your "own" test done and talk to the testers about what you want to hear,like the builder has probably done as well.A test result being within in the building regs does not automatically mean that it is within your rights as an EU citizen/consumer. The Irish gouvernment is well known to give a dam about EU legislations and the transition of these legislations to Irish law,if necessary you can take them to court.It happens all the time,you wouldn't be the first one. 

*Marie
Very frequent poster
noise/sound test*

Hi Dr. Who.........If you have made every effort to reason with the tenants next-door about your right to enjoyment of your property without being intruded on by their antisocial habits then the next step is taking them to court.

Heinebloed is correct and increasingly EU regulations are evoked (I am fortunate the local Council actually have a "Noise Nuisance 24-hour helpline" as excessive noise is now the major cause of disharmony in urban centres. This crowd take your details (as another posted advised, LOG EVERYTHING - time started, time ended, kind of music, how it affected you (couldn't hear your t.v., could not sleep etc.) 

The landlord who now sounds indifferent to your sufferings will then get either an Injunction against further noise, or will be fined. Either way he will be aware that ignoring your rights and peaceful occupancy will have repercussions.

Sorry to hear your new home is being turned into a misery. I've experienced this at various times in the past.......there is nothing worse because there's no way you can block out others' noise. All the best with it. 

*fatherdougalmaguire
Very frequent poster
Re: noise/sound test*

Hi Marie,
That's an interesting concept you mention. I suspect, though, that it's purely for noises which the general public (neighbourhood) would be hearing as opposed to the increasingly common semi-d type thing some of us are suffering? Or does it just cover council housing?

If it covers inter-neighbour episodes we'd be grateful for more details. 

*sueellen
Moderator
Re: noise from next door*

Dougal,

As far as I'm aware Marie is living in the UK and some of the Councils there would appear to handle the situation in a better manner than their Irish counterparts. In both our situations SDCC do not want to know - no money in it for them! 

*Ash
Registered User
noise survey*

Dr Who,

I sympathise with your situation. I have a noise issue close by which is slowly driving me bats!

Heinbloed & Dr Who,

You both mentioned getting in professionals who measure sound/noise levels. Because of the situation mentioned above, I'd be very interested in getting a noise survey done.
Can either or both of you give the name/address or phone number of the people you used or any other independent noise survey company?

*sueellen
Moderator
Re: noise from next door*

Ash,

Is it anything to do with a business nearby? 

A friend of mine had a problem with a company leaving engines running in trucks to keep the refrigerated units cool at night and her Council dealt with the matter. 

*fatherdougalmaguire
Re: noise from next door*

Hi Sueellen,

Now that you mention it, I do remember Marie mentioning she was in the UK at the time. I also remember seeing an advertisement recently on C4 about such a service. I guess our county councils are just too darn busy changing from mph to kph.

We did ask Ded Sound to do a survey but that were charging a lot and did admit that the results would be useless in a court. Our builder, however, has taken our (and other people's) comments on board and are now using a different method for party walls in their semi-d houses. 

*Daithi
Registered User
We had to move*

We had to move because of this.
Took the neighbour to court. They got told to not make anymore noise. called guards. It stopped for a while each time then they would have parties starting at 2 am with someone looking out for the guards.
When a police car came along (they knew we were calling them) the noise would stop.
It was all an effort to get even with us for bringing them to court.
We moved eventually but kept the house. We rented it to the biggest meanest person i know he says he has no problems with them. In fact i told him to have all the parties he wants. He assures me he's making life a misery for them next door, so some satisfaction there  

*EAMONN66
Frequent poster
Re: We had to move*

theres probably not much wrong with the standard of the house if noise is only coming in from 1 side.
ring a law searchers or go into the the land registry and ask them to find out who owns the property. if you can get a phone number and hassle the landlord directly, each time the music starts up, he'll soon sort it out. 

*sueellen
Moderator
Re: noise from next door*

"We rented it to the biggest meanest person i know he says he has no problems with them. In fact i told him to have all the parties he wants. He assures me he's making life a misery for them next door, so some satisfaction there"

 :lol


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## sueellen (25 Mar 2005)

*Re: >>Neighbours - noise/nuisance/security problems et*

*Some other posts*

*geegee
Local user
Noise from upstairs*

I am thinking about fitting carpets upstairs in a new house for two main reasons: Noise insulation and comfort. 
However, the standard finish upstairs is a chipboard floor so if I put floorboards on top, would this be any way as effective as carpet and underlay for noise insulation?

Thanks in advance,

GG.


*Gordanus
Registered User
Re: Noise from upstairs*

www.domesticsoundproofing.co.uk/floors.htm

lots of ideas and some information but dunno if available in Ireland


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## Sue Ellen (27 Apr 2006)

*Hope Rexo won't mind me copying his excellent post on soundproofing to this key post:*

Soundproofing is not a very technical or complicated job, but be careful. Ive seen a few sound proofing jobs that have been done only to make the problem worse. Sometimes the more vibrating layers that you put against the party wall of semidetached house or an apartment, the better the drum / speaker effect and the greater the tendency for sound to amplify from next door. alot of its due to complete ignorance of some builders

*Better to understand whats happening first.*
Alot of party walls are giving problems at the moment because of of the method of construction used over the past few years. Block Party walls are not plastered in the traditional fashion but they are applied with big sheets of plasterboard that are taped along their joints and line plastered along the butt joints. Problems stem from small amounts of energy making its way through blockwork (usually badly built porous blockwall where mortar beds are not complete) and accumulating in the 0-5mm+ gap between the board and the blockwork. The sound is amplified and comes into the sitting room etc.
*Solving the problem *
Tell the builder exactly what you want, and how to do it. Its not a specialist job so dont rush in to this. Direct labour will work out better quality wise.
1.Get the right man/men i.e an electrician to remove the switches/tv points from the wall before the job, 
2.You could strip the plasterboard off the wall yourself, Get a plasterer to plaster the wall with sand/cement mix. 
3.Theres a great composite fabric backed plasterboard (2 inches thick)on the market specifically designed to reduce sound transmission. This should be rigidly fixed using mushroom plugs to the wall. Think its called Rockwall, but will check
4. Get a plasterer back to skim coat the plasterboard
5. Get the eletrician back to connect the sockets/switches/tv points etc into the wall
6 Make sure the board is sealed where it meets the floor sidewalls and ceiling
7. Take up a couple of floor boards in the room above the sitting room (alongside the party wall )and stuff the space between the floor joists and the wall with fibre glass. This will absorb any sound.

If its a new house (built within last 5yrs)you could ask the County Council Building Control Authority to serve an enforcement notice on the builder to do the work with no cost to yourself. You must prove that the party wall has failed the Regulation requirement regarding sound ( will take a professional report from acoustic engineer) before enforcement notice can be served.
The Regulations require that party walls between dwellings must have "reasonable resistance to sound"


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## Toni100 (6 Feb 2007)

I have a problem with my neighbours using their conservatory as a room to mix drum beats on their computer this goes on until the early hours and is even left to run through the night sometimes. We live in a mid terra tce and have tried talking compromise, nothing has been followed through to the point that I have a peaceful house.Does anyone have any advice out there please?


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## Sue Ellen (6 Feb 2007)

Hi Toni,

AFAIK your options are the ones mentioned throughout this thread i.e.

1. If the house is rented you could try contacting either the landlord of the Private Residential Tenancies Board

2. If the house is privately owned then your options are to contact your local community garda or [broken link removed].


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## Square Mile (7 Feb 2007)

Hi

Contact you local council and request a visit from an Environmental Health Officer who will monitor the sound levels and take appropriate action if they are above acceptable levels.

SM


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## Gaillimheach (17 Jan 2015)

Neighbours 'fan'

Our 'detached' neighbours have just installed a heat exchange unit on the side of their house that blows a cold draft right across our path out the back. There is also some noise from the fans and wind noise when the wind blows through the unit ..... it measures about 3ft x 5ft and is mounted above the level of the party wall (there's a 2ft-wide path on their side of this wall and a 3ft path on ours). Planning say that it is outside of their remit. We asked them to remove it or at least position it below the level of the party wall. No response. Feels like we're 'getting the fingers' here? Any suggestions?


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