Neighbour took over all of our dividing space

Q I live in a semi-detached house. A pillar of about eight inches divides the two houses. My neighbour has put down paving and claimed the full width of the pillar down towards the footpath. There was never any permanent divide like a small wall or fence. I believe the width of the pillar should be divided between us. Any ideas thanks.

This is a classic example of a minor boundary issue that has the potential to escalate to a serious boundary dispute which would be out of all proportion to the few inches of property in question.

You are advised to consider very carefully the implications of any action you might take.

The direct answer to your question is that if the pillar is on what is considered to be the boundary line and has been accepted as a marker dividing the two properties, then the boundary line is considered to run through the centre of the pillar, and the pillar would be considered to be a party boundary feature.

Your deed map is the definitive record of the extent of your property, but unfortunately many deed maps are not prepared to sufficient detail to ascertain the boundary to the precision required in this case. However, if your deed map indicates that the boundary in question is in line with the party wall of your semi-detached houses, and that the pillar is on this line, you can use it to support your case.

In the event of litigation to determine a boundary, the courts are likely to be influenced by what has been accepted for some time as the boundary or the ‘settled boundary’.

This is more likely if the deed map is not sufficiently detailed to be definitive.

Property owners should consult with their neighbour before they interfere with a wall or any physical feature that forms a party boundary, ie a structure built on the boundary line. It follows that they should consult before they interfere with the space on which such a boundary structure could be constructed. In your case, the width of the pillar defines this space. To cross the actual boundary line is clearly an infringement of the neighbour’s property rights.

Your options are to leave things as they are or alternatively discuss the situation with him/her and explain how the pillar is intended to define the boundary. Suggest solutions, including placing a low timber fence along the boundary line with minimal disturbance to the paving.

Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland, scsi.ie

Q I plan on constructing a new property next door to my current home. Currently there are two garages next door to my home. I plan on demolishing these garages. Do I need planning permission to demolish these garages?

Planning permission is required for all developments, including demolition, unless it is ‘exempt development’. The demolition of garages within the curtilage of a house would generally not require planning permission as it would be considered an exempt development under Class 50, Schedule 2 of the planning and development regulations. However, one should be careful in relation to this, as certain restrictions apply.

Firstly, the garage or garages should not abut another building in separate ownership and secondly, the total floor area of the garages should not exceed 40sq m. In this particular case, it may be worth including the demolition of the garages within the planning application for the new house. By doing so, the developer should have peace of mind knowing that there could be no question of unauthorised development.

Andrew O'Gorman is a chartered building surveyor and planning and development surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI).

Q Recently I had a new bathroom installed. It would appear that the soil pipe, which was enclosed prior to the installation of the bathroom, is no longer enclosed and has been repositioned into the wall. Recently I noticed that the soil pipe has become dislodged and that a damp patch has appeared on the ceiling of the bathroom, which is quite close to where the soil pipe used to run. Is there a connection between the dislodging of the soil pipe and the appearance of this damp patch? Furthermore, what should I do to remedy this situation?

The first process is to try and identify the leak. There are a number of considerations to take into account. The soil pipe you mention has been moved and this will often cause leaks if it has not been re-installed correctly. The first thing to establish is if the soil stack is serving another floor above your new work (bathroom) or if it is exiting as a vent out through your roof or wall. If the pipe has not been installed properly (sufficiently strapped or fixed) along its length it will move with use. By its nature it is rigid and any movement will occur at the joints resulting in a loss of seal and therefore resulting in leakage.

This is very common in runs over two storeys where there is poor support and/or poor workmanship. The cause may be a cracked pipe, poor connections of wastes into the pipe, or a poor flashing where the pipe exits the building fabric. Other factors may be as simple as a missing seal (rubber gasket where the pipes join).

Your first option is to contact the contractor or firm who installed the new bathroom and ask them to reinspect the completed work as this is probably a snag item. Generally speaking, if the defect has appeared within a 12-month period it will be covered by a warranty. It is quite likely that the area will require opening up to both identify the leak and to fix the problem. This can lead to a lot of work in terms of reinstatement and decoration (if the area is plastered and tiled). The work must be carried out by a competent contractor or person.

If the level of repair works becomes complex or contentious you are advised to appoint a chartered building surveyor or similar to oversee same. This will ensure that the works are completed to a satisfactory standard. Robert Patterson is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI)