Our builder changed roof drainage to neighbours (semiD), cant sell until resolved.

M

mazda

Guest
A number of years ago we put an extension on our home - we advised all neighbours and it is within planning.

The problem is the builder changed the roof drainage from our property to the neighbour's property (semi D house).

We were genuinely unaware that this was upsetting our neightbour until we received a solicitors letter on his behalf.

We previously had good relations with the neighbour for the past 20 years.

He advised he was unhappy that the drain pipe was now on his side of the parting wall. We immediately attempted to amend this but he will not allow us access to his land to do so.

This has been going on for approx 4 years now. We are hoping to sell our property but are anxious that this issue could effect closure of sale. We would gladly amend the issue at any time once he gives us permission to enter his property to do so.

Anyone have similar experience and if so how was the situation put to bed?
 
As part of the sale process there will be a question about litigation and your answer will have to be that yes there is litigation. This answer will make any potential purchaser nervous and possibly pull out of the sale. So your neighbour won't be able to stop you selling your house but the dispute you are having with him will put off purchasers.

Why don't you bring the correspondence you have received to a solicitor so that they can engage in discussions with his solicitor and bring about a resolution before you put your house on the market for sale.
 
We have already tried this but his solicitor has never replied to any of our correspondance. It is proving very frustrating and the reason we are hoping to move is soley down to poor relations and no matter how we have tried to address this issue via the neighbour directly, approaching his family, and legally we are getting nowhere! As I have stated before we are willing to address this issue any way we can if only he would advise us as to how he expects us to do so. We have no hard feelings here and would like to get this resolved!
 
Strange one .... he complained, wants it sorted but won't engage with you so it can be sorted!

It takes all kinds ...
 
Ask your own solicitor to phone the neighbours solicitor to enquire if a meeting could be arranged.

Litigation between neighbours can be a personal, legal and financial disaster and most solicitors would recommend a meeting to try to sort out matters.

It sounds like the sort of case in which a judge would direct that the parties meet when it appears before him, so it is as well to have the meeting now.

Good luck
 
Title expanded to reflect question more fully.


OP, Do you absolutely have to gain access to your neighbours property to rectify matters?
aj
 
I believe that this is the kind of thing that the Land Commission Law Reform Act 2009 was written to assist in resolving.
Here is the link to the Act - read Chapter three and I hope it of some help.
http://www.oireachtas.ie/documents/bills28/acts/2009/a2709.pdf

I suspect that it may not rest on whether you can get access, but what this may cost in time and money to resolve.
If taking legal action, it may be useful to cause this to get into the Circuit Court as opposed to the District Court.
I have found understanding of the law and legal precedent a little hit and miss in the District Court.
Otherwise ADR - alternative dispute resolution - might be a preferred way forward.

In relation to the drainage, you should first establish if your drainage originally discharged onto their site - do you know the facts or are you repeating what your neighbour has alleged.
I don't mean to sound accusatory, its is important when considering anything to establish facts as opposed to working on assumptions or what someone else said.
The point being that this outfall appears to have been in place for some time and there is therefore some reason why it has come "live" now.

Several questions seem to arise; -


  1. If the outfall has been varied on their side, was this done by your builder with their permission at the time and can this be confirmed?
  2. If they are saying, no it wasn't, why wasn't it raised or acted on then - if they are saying yes it was, what is the current issue?
  3. IOW, has the outfall been done almost long enough to establish an easement - can this be done?
  4. Is the imminent establishment of a right the reason for the current concern?
Finally, I'd try to find out where this concern arose, themselves or a third party. You might be surprised at how far sighted some potential beneficiaries/family members can be when they are considering their inheritence.

HTH

ONQ.
 
maybe this is a bit simplistic, but can you not just re-instate drainage on your own side (as it was), while offering to remove the (no longer necessary) drainage on his side? Then surely it is entirely up to him whether he wants to keep it there or not.

Also wondering, I know it was orginally on your side of the party wall, but has he any actual proof of this? Who says it wasn't "always on his side"?

Finally what would happen if it all "fell down" some night while you were away on holiday?
 
khairabar,

Drainage from both semi-d roofs may have been shared across the back, with a line of gulley traps close to the rear wall.

ONQ.
 
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