Neighbours building party wall against my permission

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elainem

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Hi! I have horrible neighbours - couple in their 50s with no children - who made horrible remarks about single mothers when I moved in - one of the remarks I clearly remember was - I hope you won't be having any men in, we know what single mothers are like with men'. Laughable, old-fashioned attitude in ways, but also very hurtful. They also spsread rumours that the money I had to do my extension was got from drugs - I am a professional woman with post-grad education. When I accidently took her bin in by mistake one day and gave it back to her, she said I could give it back to her as long as there were no drugs in it.

Now they are building a party wall between the two terraced properties against my permission. I have written a letter to them. I have told their builders that they havenn't got my permission. My solicitor has written to the wife who uses her maiden name. The husband sent it back to my solicitor saying there was no such person living there. My solicitor now has to go to Land Registry to find out who the property is registered to. If they build the wall they will have to take away my guttering, cover over a drain where the gutter goes into and probablyy breach my damp course in the process.

They are allegedly building the wall to prevent children going into their garden. The only children who live near them are mine, and they don't go near them - they are 9 and 11 and have always found them weird.

This evening, as I am finishing my master's thesis, the building materials have arrived in my garden and a builder was out the front discussing where the wall is going. I didn't go out as I don't need the stress and confrontaton in the middle of my thesis. They won't wait for an engineers report as my solicitor suggested. They won't discuss the height, size and finish of the wall.

My question is: What else can I do? What if I wake up tomorrow morning and the builder is there with all his stuff starting the wall. If he pulls down my guttering, etc. can I call the guards, is this considered crimnal damage.

Would really appreciate advice.
 
elainem,

Do stand your ground, firmly. I had problems with a nasty neighbour too and took the easy route and did not insist of my rights. Since then they have infringed our rights in several ways.
People like that have no respect for anybody except themselves.

I know this sounds very extreme but you could take a few blocks from the new wall that they build and put the blocks in their garden. They could accuse you of taking their property if you don't return the materials.
By removing blocks from the wall they would then have to take action in court against you as the Garda refuse to handle such happenings saying it is a civil matter.

They, by law cannot touch your guttering, or build a wall on or dividing your property without your permission. I wish you good luck but taking the easy way now will leave you with future problems. The planning dept came to our rescue.
There are some people that feel the law is not for them. Good luck Browtal
 
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Neighbours building wall with out my permission

Hi! Browtal, thanks a mil for your reply. How did the planning department help you, do you think they could help with my situation?
 
elainem said:
Now they are building a party wall between the two terraced properties against my permission. I have written a letter to them. I have told their builders that they havenn't got my permission. My solicitor has written to the wife who uses her maiden name. The husband sent it back to my solicitor saying there was no such person living there. My solicitor now has to go to Land Registry to find out who the property is registered to. If they build the wall they will have to take away my guttering, cover over a drain where the gutter goes into and probablyy breach my damp course in the process.

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Id be questioning your solicitor here.

Youve good and bad news.

You need to refer to The Land and Conveyancing Law Reform Act 2009. Its quite clear. neighbour A can build the wall without permission, but if neighbour B lodges a complaint, it goes to district court for the court to decide.

whether neighbour A has permission or you lodge a complaint, any damage caused by the works is to be compensated. Not jsut building work but any professional work you get carried out can be compensated too. this means surveyer, engineer etc.

It can go to court and judgements if they dont pay.

Your solicitor should have told you all this not just wrote them a letter saying "stop building".

I would ask your solicitor about this or if he doesnt know about it get a different one, theres a good bit more to it but hopefully some pointers. find the act online, read it, be educated. show the act to the neighbours, print it out, give it to them, embolden the bit about you looking for engineering reports and they having to pay for them. But get your solicitors confirmation that this is right first.
 
Neighbours building wall without my permission

Hi! Car, thanks for your replies. It's amazing what solicitors don't know. How do I lodge a complaint in the District Court. They are ignoring all letters so far.
 
I wouldnt try this myself, I would get a solicitor who knows what he's talking about, and maybe your solitor does know but was just acting on your request to send them a letter, I dont know. I would have been hopeful though that any solicitor would have been helpful enough to suggest that there was a different way if this is the case. Ask your solicitor about it.

google for
The Land and Conveyancing Law Reform Act 2009

and youll get a lot more info

The act itself is not very readable for lay people so I wouldnt try, theres enough shortened version on solicitors websites.
 
elainem said:
... the building materials have arrived in my garden and a builder was out the front discussing where the wall is going...
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Building materials in your garden? That's trespass. The builder could be instructed not to set foot on your land - but I appreciate that you are not in a position to take up yet another battle.
 
Building materials on your property?????????

Whose insurance is covering this in case of an accident or theft. Take pictures of everything.
 
I can't comment on the legal aspect, but as a single parent myself, my sympathies, they sound like disgusting bigoted people.
I really hope it works out for you.
 
elainem said:
I hope you won't be having any men in, we know what single mothers are like with men'. Laughable, old-fashioned attitude in ways, .
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That's totally shocking in this day and age. I always read your posts with interest as you seem to have so many battles. But your neighbours are disgusting people if that is the way they think.

What did your solicitor actually tell you were your rights? I believe they have a right to build the wall but you should have been told the law.

And if someone put building materials in my garden I'd be ordering a man and skip to remove them. That's totally outrageous.
 
elainem said:
Now they are building a party wall between the two terraced properties against my permission. I have written a letter to them. I have told their builders that they haven't got my permission.
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you keep mentioning permission. they may not need it, to build a wall that is..

The construction, erection or alteration, within or bounding the curtilage of a house, of a gate, gateway, railing or wooden fence or a wall of brick, stone, blocks with decorative finish, other concrete blocks or mass concrete.
1. The height of any such structure shall not exceed 2 metres or, in the case of a wall or fence within or bounding any garden or other space in front of a house, 1.2 metres.
2. Every wall other than a dry or natural stone wall bounding any garden or other space shall be capped and the face of any wall of concrete or concrete block (other than blocks with decorative finish) which will be visible from any road, path or public area, including public open space, shall be rendered or plastered.
3. No such structure shall be a metal palisade or other security fence.
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see class 5 http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2

My solicitor has written to the wife who uses her maiden name. The husband sent it back to my solicitor saying there was no such person living there. My solicitor now has to go to Land Registry to find out who the property is registered to. If they build the wall they will have to take away my guttering, cover over a drain where the gutter goes into and probablyy breach my damp course in the process.
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take photos and employ an engineer to monitor the situation immediately. this may fall under newish legislation :
CLASS 50(a) The demolition of a building, or buildings, within the curtilage of— (i) a house, (ii) an industrial building, (iii) a business premises, or (iv) a farmyard complex.(b) The demolition of part of a habitable house in connection with the provision of an extension or porch in accordance with Class 1 or 7, respectively, of this Part of this Schedule or in accordance with a permission for an extension or porch under the Act.
1. No such building or buildings shall abut on another building in separate ownership.2.The cumulative floor area of any such building, or buildings, shall not exceed: (a) in the case of a building, or buildings within the curtilage of a house, 40 square metres, and (b) in all other cases, 100 square metres.3. No such demolition shall be carried out to facilitate development of any class prescribed for the purposes of section 176 of the Act.
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http://www.irishstatutebook.ie/2008/en/si/0235.html

the building materials have arrived in my garden and a builder was out the front discussing where the wall is going. I didn't go out as I don't need the stress and confrontation in the middle of my thesis. They won't wait for an engineers report as my solicitor suggested. They won't discuss the height, size and finish of the wall.
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this is really a pathetic approach for your neighbours to take. as its best practice to consult a neighbour, essentially keeping them sweet where such works are proposed and of course addressing any concerns.

contact your local skip hire company, and the local litter warden/officer and have the guards present when you remove the materials from your property:D i'd like to be a fly on the wall for that one..

question is: What else can I do? What if I wake up tomorrow morning and the builder is there with all his stuff starting the wall. If he pulls down my guttering, etc. can I call the guards, is this considered crimnal damage.
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call the guards and ask your solicitor about an injunction until an amicable solution is reached. and inform building control of unauthorised alteration to your property - it may not be illegal to alter the wall but its certainly illegal for them to effect your drainage etc
 
Hi! Thanks for all the replies. Sorry, I meant to say building materials were in their garden, not in mine. It looks like they're going to start, but nothing happened toay. I suppose it wasn't a good day for it.

My solicitor wrote again to them on Friday, to the name of the person on the Deeds from the Land Registry and another letter addressed to the Occupier, saying that unless they could assure that they would wait for an engineer to check the boundary from the map, that we would issue proceedings against them (not a road I want to go down). My solicitor gave them 48 hours to reply to his letters and they haven't done so yet, though they might not have gotten the letters yesterday.

Bronte - re battles - yes I do have rather a lot of battles! Unfortuanately, I don't have anyone to share the number of battles with. I work, study, run a small business, let property and look after children on my own. I really think that some people do take advantage of a woman if she is on her own. I don't think this would ever have happened if I had a 'husband' 'man' whatever - certainly the nasty comments about single parents would never happen. I think a lot of people perceive women on their own as vulnerable and take advantage of that - that one has to fight extra hard to prove that one is capable.
 
Hi! Just had a call from my solicitor re he wants to send draft papers to barrister in case of proceedings, i.e. injunction - I don't want him raking things up either - isn't this a bit excessive. He wont go under the 2009 Act - is this because an injunction is much more expensive?

Advice appreciated.
 
Neighbours building wall without my permission

Hi! Mugga, the problem is that to build the wall they are going to have to remove my gutterin, cover up the drain where the water from the gutters goes, and possibly breach my damp course, which sticks out a little bit - this was the way the builders left the properties when they build them 20 years ago.

The other issue is that I don't know what height the wall will be, what the finish/render will be. Also, they are getting the builder/plumber partner of another neighbour to do the building. The last wall he built - actually two pillars - feel downn two weeks later very nearly injuring a small child of another neighbour.

It's the damage to my gutters which straddle the party line and to my drainage that particualrly bothers me.
 
elainem said:
If they build the wall they will have to take away my guttering, cover over a drain where the gutter goes into and probablyy breach my damp course in the process.
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The wall between our house and next doors stops short of the guttering so it does not cover the drain or require the guttering to be removed. If the wall does stop short of the wall does this also do away with the problem of breaching the damp course.

mugga said:
Why not let them build the wall? What's the problem with it? As you don't like them and they don't like you wouldn't you be better off and have more privacy with a good sturdy wall.
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Agree.

With the move of house are you upsetting yourself unnecessarily at a particularly busy time. Solicitor probably very happy with the business.
 
Neighbour building wall without permission

Hi! Sue Ellen, thanks for your reply. No, my cousin who is an engineer has looked at it. There is no way of building the wall without covering the drain over with the new wall - it's hard to explain, but the houses are very tightly packed. My cousin said they would also have to take down my guttering to the wall. I don't have an issue with the wall really along the rest of the garden, just where it will be beside the guttering and the front door.

I never liked them because of the comments, but would always say hello to them the odd time we came out of our houses together. Even now if there is a wall there, it won't make any difference to me as I managed to generally keep out of their way before. Most of the neighbours here think they are very odd and keep their distance from me.

Yes, with moving, I am stressed, but also I don't want to come back to my house and see a wall built without my permission, damaging my property and possibly devaluing my house which I intend to keep and rent out.
 
Hi Elainem,
There are limits on height of walls in the front of houses and also sometimes on the finish
on the wall.
I sincerely hope the stress is not too much for you and there will always be people like these 'Christians'.
If they build the walls above the accepted height, and a tel. call to your local planning office will confirm this. I think it is about 3' 6" .
On my case the planning officer came over to see the offending issue and recommended the outcome.
Good luck Browtal
 
My next door neighbour built a wall between our two houses and the drain which the gutter drains into remains open as we decided to leave one block out and due to the overlapping nature of block work the rest of the wall above was built on up (a sort of a 'head' like for a window was created). The gutter is turned into the drain using a shoe and hey presto job done. access is not a issue and there is a wall.

simple but effective
 
Hi elainem. It seems to me that in pre-empting what might happen is causing you as more stress than you should allow.
1. Let's face it the neighbours don't like you. Probably you are very nice but folk are strange and they have their own demons, maybe they envy you, ultra religious - who knows. You can't change the way they think so forget about them in that respect as you have being doing. Maybe little issues are bothering them (your kids - it happens) and they just want a wall so they don't have to stress either.
2. It seems to me that your solicitor is escalating the issue where it will only cost you money and further backlash from these people.
3. They will be entitled to do a certain amount of building without planning and as long as they don't encroach on your property them it seems to me you don't have a problem with that.
So;
a. Is their no one who can bring this back from the brink, a neighbour, your engineer cousin? Because this is what you need to do and fast before it gets out of hand and costs you.
b. Write down how you feel about this wall in non legal terms and somehow get that message to them. You don't have a problem with the wall but it serves you both well to do it properly, doing it incorrectly will effect the value of both your homes and whilst you will never be friend you can live in civility together.
Maybe it's not possible but it will have to happen, either through this way or through the costly way where neither you nor they will win, the the solicitors will.
 
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