Boundary wall/fence dispute with neighbour

N

newkid30

Registered User
Messages
106
I am in an unusual situation with our neighbour to the rear of our home.

Basically she has built a surrounding wall and left 14" around it with a really ugly wrought iron rusted fence marking the border of her property.
As this ugly fence is at the end of my garden I want to remove it and put up a more sightly fence.

She says I cannot do this and have no right to move it.
That if I want to build my own wall to 'hide it', I will better have all the foundations on my 'own side' of the dividing line - completely unreasonable.

Anyways, I don't want to have to put up with this eyesore and would like to erect a picket fence or something just so I don't have to look at her ugly wall.

Does anyone know what my rights are?
She says she will ring the gardai if I touch the iron fence thing.
She is a bit barking mad and totally unreasonable and I don't really want to get into a nasty situation with her, if you know what I mean, but still I'm not willing to have this eyesore out my back.

She's a total bully so any civilised discussions are not really possible.

Any advise greatly appreicated! thanks
 
Re: Boundary Wall foundations

The gardai will not be able to do anything as it is not a criminal matter. It is a land issue which is civil. If you know a solicitor perhaps asking them will help.
good luck there is nothing worse than a neighbour from hell!!!
​
 
Re: Boundary Wall foundations

That's reassuring about the guards, yes I've just rung my solicitor for some advise also.

I don't want to annoy my neighbour but I don't want to be a walkover either.
Hard to know what to do?? I might have a word with some others on the road tactfully and get a 'feeling' for if she's a troublemaker or not?
Maybe I'm misreading the situation, not living there long, though she seems very dogmatic in her approach, thanks for your feedback.
 
Last edited by a moderator:
Re: Boundary Wall foundations



People will rob anything these days... especially in the dead of night, rusty old, iron fences have been known to go missing... i would imagine.
 
Last edited by a moderator:
Re: Boundary Wall foundations

Just the One said:
People will rob anything these days... especially in the dead of night, rusty old, iron fences have been known to go missing... i would imagine.
Click to expand...
This presumably would be "theft" and thus enters the realm of being a "criminal matter"......
 
Re: Boundary Wall foundations

newkid30 said:
I don't want to piss my neighbour off but I don't want to be a walkover either.
Click to expand...

God I hate people like that. The important thing to remember is that you should not worry about pissing them off, they dont give a toss about you. Do what you got to do and feel good about it.
 
Re: Boundary Wall foundations

why not just get timber fencing put up (using the steel post holders) - you will then only lose a few inchesoff your gardern (not 18 inches if you put in foundations.).

work mate got it done and says it's a super job.
 
Re: Boundary Wall foundations

Carpenter said:
This presumably would be "theft" and thus enters the realm of being a "criminal matter"......
Click to expand...


Not if it is the boundry fence and you own half it. Take it down and give it to your neighbour.

It is also old and rusty and a danger... in the interest of safety you are taking it down.
 
Re: Boundary Wall foundations

nai said:
why not just get timber fencing put up (using the steel post holders) - you will then only lose a few inchesoff your gardern (not 18 inches if you put in foundations.).

work mate got it done and says it's a super job.
Click to expand...

That's what I am thinking of doing now! I just don't need the hassle of dealing with her, I woudl still like to rip up that other iron thing, but waiting to hear back from solicitor, I'm a total scaredy cat!!

Thanks for all suggestions!
 
Re: Boundary Wall foundations

Solicitor says I need to get a surveyor or engineer - more $$$$$$$$$$$$$$$!!!
 
Boundary Wall foundations

The fencing your neighbour has erected is her fence, her property. You should be very cautious indeed and no, you are not at liberty to take it away. It marks her boundary; an attack on her boundary is - in law - an attack on her property (yes!). Beauty is in the eye of the beholder and everyone has their limit on available budget - she has cut her suit to her cloth. You don't want to look at it and she has (reasonably!) suggested that in that case you hide it behind your own fence and specificied you erect this a clear 18" away from hers. This is the minimum distance required in law; it is also practical for maintenance etc.
 
Re: Boundary Wall foundations

Surely newkid30 is entitled to put up a fence at the boundary of his property. I would have thought that the face of the iron fence marks the boundary and that coming 18 inches away from that would be losing 18 inches of his land.
 
Re: Boundary Wall foundations

If it's an old iron fence, pre 1978, chances are that if it's painted the paint will contain lead and constitute a health hazard to humans and pets as well as contaminating soil if its chipping and flaking.You could make a serious issue of this and push to have her remove it.
 
Re: Boundary Wall foundations

would you not erect a picket fence the same height as the iron one you can bolt it to the wall.or maybe plant a hedge, i know its maintenance but at least you can take out some of your frustration on it
 
Re: Boundary Wall foundations


Why would I erect a fence on my own property 18" inside my own land, that's absurd!!

Maybe I've misinterpreted you?
Anyway I've decided to put up a bordreface directly at her fence so I don't have to look at it, my solicitor has said this would suffice and never mentioned anything about 18".

Noone else on the road has their boundry 18" inside their property why should I?
 
Re: Boundary Wall foundations

Marie said:
The fencing your neighbour has erected is her fence, her property.
Click to expand...

It's not 'her' property it's the boundary line, which makes it half mine, I am fully willing to take it down and pay for a nicer one, foot the full bill, she won't allow this.
 
Re: Boundary Wall foundations

newkid30 said:
I am fully willing to take it down and pay for a nicer one, foot the full bill, she won't allow this.
Click to expand...

As said already beauty is in the eye of the beholder.
 
Re: Boundary Wall foundations




I think what newkid is saying is that the iron fence is a boundry fence between them, and his/her neighbour has built a wall on their side of the fence but is not willing to let newkid remove the iron fence.
 
Re: Boundary Wall foundations

Maybe your neighbour is not willing to let you remove the boundary fence because she is afraid of losing the 14" outside the perimeter of her new wall? She was obviously not happy with the fence anyway if she erected a wall but she may be worried if you erect a new boundary fence that she will be forced to accept her new wall as the boundary. Quite reasonable grounds for objecting to its removal especially considering you strongly objected to losing 18" along the boundary of your property.
 
I thought, once you built a WALL that it is your NEW boundary. Thats why years ago when we built our house we wanted to remove the clay bank between our neighbours and ourselves and replace it with a nice wall and we would foot the bill, but our neighbour said no, so we put up a post and wire fence (to keep neighbours dog out) on our side with room to walk in behind it for maintenance and put a hedge to the inside (ourside).

Our neighbour sold the property and a housing development is now going in next door and we spoke to the builder and he said that he will build a wall for us and leave the bank if we want (trying to please us in every way I would imagine), but we said no we would prefer (if he did'nt mind) if he removed the bank and built the wall there instead and both he and we would gain more space (which we both already own) as the bank is aprox 2' deep x 2' height and overgrown (a great nest for rats).

I would have thought by law your new boundary is your neighbours new wall, so you would be gaining 18" in your garden.

I will keep a look in on the thread out of interest to see what the experts advise.
 
You must log in or register to reply here.
Menu
Log in
Register