Neighbour needs our fence moved to get P.P.

S

stefg

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Hi all,

Just wondering what peoples thoughts are on the following:

Our neighbour is looking to redevelop their house and the planning office have said their driveway doesn't meet the standards required due to visibility restrictions. They have asked us to sign a letter for our permission to move a section of our fence and bushes back a few feet as that will overcome the planning issue.

We have no major objections to fence being moved back as it's a part of the garden that won't have a big impact. We get on well with the neighbours and have no objections to what they are planning but I'm just wondering if there is anything we need to wary of. One thing I will be asking is that they agree to cover the cost of the work if / when the fence has to be moved, although I would imagine the neighbour and I could probably do this as we are good at DIY like this.

I have been told that this would just be a planning compliance issue and the fence wouldn't have to be moved unless the house was going to be sold. However, we plan to submit planning permission for a garage soon (the exempt permission was already used for an extension by the previous owners), and I imagine that will require us to be compliant before getting planning permission?

Again as I mentioned earlier we have no objections and would like to accommodate the neighbours request but are just wondering if there are other factors we should be aware of?

Thanks,
Stefg
 
Hi stefg

stefg said:
I have been told that this would just be a planning compliance issue and the fence wouldn't have to be moved unless the house was going to be sold.
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The planners don't impose such conditions just for fun. They obviously deem it an important safety issue. If you agree to do it, then you should simply do it. And, of course, you should facilitate your neighbours, especially as it is not going to cost you anything.
 

Is there Land Registry implications which may impact you when you sell as the site boundary has changed (Both site boundaries will have changed) Does this have to be updated on the Title Deeds of both sites (and who holds them, for example, a Building Society, etc., and what are the costs?

Also, a few feet, once a boundary is removed, it becomes very flexible and if there is a dispute, who adjudicates? Will a surveyor be involved who will know exactly where the original boundary is (down to centimetres or millimetres) and be able to set it out exactly where it was if needed?
 
Hi monagt

There is no suggestion that the boundary is being changed? The hedge is being moved back from the boundary, that is all.

Brendan
 
Brendan Burgess said:
Hi monagt There is no suggestion that the boundary is being changed? The hedge is being moved back from the boundary, that is all. Brendan
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What delineates the current boundary is the question and is it being materially changed is probably my area of concern.
 
Hi monagt,

I don't think there is any change to land registry. We already have a strip of grass by the road in front of the current fence / hedge so it's just moving the hedge back a couple of feet to give a better light of sight from the neighbours driveway. As far as I'm aware that has no impact on the land registry but I'm not knowledgeable in this area.

I was thinking along the lines of what you suggested above Brendan, best to just sign it and get it done when the works are going on next door.

Thanks
 
monagt said:
What delineates the current boundary is the question and is it being materially changed is probably my area of concern.
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I'm not certain but I think I remember the land registry map showed the boundary as the centre of the road in front of the house.
 
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It's hard to visualise, but if there is any possible vagueness about the boundary, then clarify that beforehand.
 
Thanks monagt and Brendan, we will just update the letter of consent to confirm that the change is for the fence and hedge only and there is to be no change to the land registry boundary, I think that should resolve everything.
 
Take a look at this previous thread (there are others on the topic of boundaries also). What is set out on the ground will in time become the boundary.

Are they asking you to move the fence hedge on the side of your entrance that adjoins their property, or on the side opposite their property?
 
Leo said:
What is set out on the ground will in time become the boundary.
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This is fact, especially as the measurements in Ireland are a tad imprecise and I am not referring to Adverse Possession (squatters rights) which will also come into play. In countries like the USA where precise coordinates are used to set boundaries this is not a problem.

However, we may be complicating the whole scenario. Just look to the future and see how it affects you on the ground, now and in the future and maybe talk to you solicitor.
 
I have had a quick look on the landregistry.ie and the boundary does run to the centre of the road.

The houses are beside each other and both our driveways face out onto the road. Our garden has a strip of grass about 1m wide along the road in front of our hedge and fence. Our neighbours driveway is perpendicular to the road and is beside the boundary between the houses and ours is an about 5 or 6 metres away from theirs. It is our hedge and fence facing the road beside their driveway that the neighbours want to have moved for P.P. As far as I can see this would just make the strip of grass outside the house larger and should have no impact on the boundary as it goes to the middle of the road. Is that correct?

The reason that visibility is restricted is that there is a very slight bend in the road so the neighbours visibility line is not as far as it is from our driveway.

We will talk to the neighbours this weekend and discuss it a bit further just make sure there is no issue. We are flexible regarding the move of the fence as it's only a small move, but we would be reluctant if it mean cutting down trees in garden etc but this doesn't apply in this scenario.
 
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To cover all angles (your future planning matter also) I would be inclined to pay a visit to the Planning Department and have a word with them to ensure that you understand all the issues relating to this change.
 
Also ... this is going to cost you legally as you need to get your solicitor involved to make sure all is 100% ... to cover come back/fall outs later. Your neighbour should carry the cost of your solicitor as you are facilitating them. Also, make sure that drains etc. aren't interfered with as they may be a problem later.

By all means, facilitate your neighbour, but cover yourself properly.
 

Sounds to me like an emotional blackmail by your neighbours.

If I were in your shoes I wouldnt give over any of my land or move back my boundary wall,fence or hedge to facilitate anyone.

Your neighbours should scale down their project to suit their land and garden size.

Your neighbours arent thinking of you or your family or your own privacy,they are only thinking of themselves so tell them NO and to scale down their project to suit the actual land and garden that they have.



You should go to the planning department and a solicitor to speak to them,as this could quite possibly have implications for you and your plans for the future.



PS-Why dont your neighbours ask the CC to take the bend out of the road?
Because the CC would tell them where to go,so they will emotionally blackmail you instead as they know you are a soft touch.
 
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If I understand you correctly, then what your neighbours are asking you to do is to stop your fence earlier- ie not to bring the fence as close to the road so that it doesnt impact on their sightline of the road. This wouldnt give them any possession of your property, just the ability to see through a fence that is no longer there?

Really, all this stuff about land grab etc is a bit OTT. You cannot put a price on being on good terms with your neighbour.
 
Sue Ellen said:
To cover all angles (your future planning matter also) I would be inclined to pay a visit to the Planning Department and have a word with them to ensure that you understand all the issues relating to this change.
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+1.
 

flowerman, I think your post is way off the mark. Sure the neighbours are keen to get us to agree but there is no blackmail going on and how you gathered that from the thread I don't know.

Maybe I wasn't clear earlier but as Vanilla commented the neighbours do not gain any land as the fence would just retreat from the road so there is no suggestion of a land grab.

We'll chat to the neighbours over the weekend and come to an agreement.
 
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Is there no other alternative to shortening your fence? What about a french style mirror at the end of the driveway?
 
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