Neighbour won’t let us touch boundary wall
Q We obtained planning permission for an extension to the side of our house four years ago but decided against building. Now we have found a builder and want to go ahead. The work entails knocking down and rebuilding the boundary wall (in poor condition, judged unsafe by our architect) between us and our neighbours. That is in the planning permission. The house next door was rented at the time but now the owners live there. As a matter of courtesy we dropped in and informed them that the building work would be starting but they told us that they are not giving us permission to touch the boundary wall. What can we do?
A A new law came into effect on December 1st, 2009 which may assist you. Under the Land and Conveyancing Law Reform Act of 2009 you can carry out works to a party structure once planning permission has been granted (there are other situations where it is also permitted). But you must, says Jackie Buckley at Hayes Solicitors, “pay your neighbour the reasonable costs of them obtaining professional advice to advise them on the consequences of the works which you propose along with reasonable compensation for the inconvenience caused by the works. If you cause damage when carrying out the work you must also make good this damage.”
Talk to you neighbours again, and show them the findings from your architect about the poor condition/unsafe nature of the wall. Offer to pay for their surveyor to report on the wall (it shouldn’t be more than €500). Your neighbours may simply be afraid of the mess and of potential damage – reassure them on these points and arrange a meeting between them and your builder to reassure them. They missed out on commenting on your planning application when it was posted in the normal way four years ago which was the time for this objection. The work that you are proposing to do will only benefit them in the long run if you are making safe a wall. If it’s still no go then the next step is an application to court for a “works order” permitting you to go ahead. Court is a last resort, dialogue between the neighbours is the way to go.
Can I give my house a name, not a number?
Q I notice in Property that several houses have a name and a number. I would much prefer this to just a number. Can I give my house a name? In fact, I would prefer only a name. Can I do this?
A Years ago it was common for houses to have a name as well as a number. Drive around any estate, particularly those built in the 1940s and 1950s, and you’ll often see, painted in the glass above the door, a name – but there will also be a number on the gate. There’s nothing to stop you buying a sign and referring to your house as “Dun Roamin” or whatever. It won’t be official (not on the deeds) but you would be foolish to get rid of the number as An Post, utility companies, etc, need to be able to find you. You can’t swap a number for a name but you can use a name as well as a number.
Your questions
Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or e-mail propertyquestions@irishtimes.com. This column is a readers’ service and is not intended to replace professional advice.
