Shared side-enterance and "shelter"- Can my neighbour knock it down?

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horusd

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I have a shared side entrance which has a shelter kind of thing over the front. My neighbour is in the middle of renovations and asked me can they knock the shelter down to accomodate an extension. It's between both houses, partly in my property and in theirs so I assume we jointly own it. I don't particularly want to knock it, can the neighbours force me to or even knock down part of it? It would be ridiculous looking if it was partially demolished. Just want to know in case it gets a bit messy. Thanks.
 
The Land Conveyancing Law Reform Act 2009 appears relevant to your query:

http://www.irishstatutebook.ie/2009/en/act/pub/0027/print.html

Chapter three deals with party structures.

However, it may also be covered by the planning acts if the structure is connected to both houses.
In other words, the law may let them do some things but the planning laws may require them to get permission.

If the access is shared you may have common rights over the entire structure.
You want to be reasonable, but you don't want your place to look like a dog's dinner either.
You don't want to lose access to land or allow them to make an unjustified land grab, if that is what's occurring.

This is one of those queries which may touch on both the law of the land and planning law.
I think this needs a professional to look at it in RL, assess the various issues arising, and offer advice.

HTH

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
Thanks ONQ. I'm hoping it would come to a stand-off, they seem reasonable enough people, but I really don't want to change things as they stand, and it's good to have some idea of what the position is in advance of any chat we might have.
 
You're very welcome Horusd.

The problem with advising on something like this is that

(i) the assumption of title and the actual legals may differ but equally
(ii) the law may be conflicting re Party Structures and Planning Law
(iii) the support of one structure for another may confer rights.

The issue might need both architectural/planning and legal input to resolve it satisfactorily.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
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