Neighbourly Disputes

The Land & Conveyancing Law Reform Act 2009 covers a variety of situations where a householder or landowner wishes to carry out work on structures dividing neighbouring properties or situate close to neighbouring property. The Act covers situations where access to neighbouring properties is needed and also provides a method for resolving any disputes between neighbours.

Two principles have to be balanced, the right to carry out legitimate works and the right of the neighbour.

At Kent Carty we provide advice to clients on fences and boundaries resulting from the new 2009 Act, for example:

• What to do?
• What to say to neighbours?
• Your rights concerning neighbourly disputes.
• Your neighbour’s rights
• Terms of Agreement.

To speak to someone about neighbourly disputes today please contact
Jim O’Higgins on - 01-8658800 or jimohiggins@kentcarty.com

Read on for more information on neighbourly disputes.

The right to carry out works – Section 43 says that work can be carried out on any party structure such as a wall, fence, hedge or partition and the type of work that can be carried out can include an adjustment, alteration, cutting down or cutting away, decoration, demolition or improvement. A structure which is so close to a boundary wall on one side or another or straddles a boundary line between adjoining properties can also be improved.

In exercising rights a building owner has obligations to neighbours and he/she must make good all damages, pays the adjoining owners reasonable costs for professional advice and reasonable compensation for any inconvenience, (which is over and above making good any damage to the property). The type of compensation that is envisaged covers, for example, disruption to a business being conducted on adjoining land.

So, in future if you want to repair your gutter that is so close to the party structure with your neighbour, one can notify, negotiate and set out what work is to be done and if you are the neighbour you can specify the terms.

In practical terms, anybody planning a renovation (with appropriate planning permission) or painting, either on a party wall or on a gable wall or such wall that is so close to the party structure, should contact the neighbour and outline the future proposals. The landowner would be well advised:

• To show the plans to the neighbour.
• To indicate what works are to be carried out.
• To indicate the length of time for the works.
• To arrange a suitable time, as far as possible, for the works to be carried out.
• To agree on the areas where the disruption is likely to take place, e.g., erection of scaffolding, access for builders and builder’s material and equipment and agree a works plan.
• Where appropriate to agree on compensation, reimbursement or the cost of professional advice.

 If you are the neighbour and the plan is reasonable, you should agree. If you don’t, you can ask the building owner to apply to the District Court for a Works Order.

This doesn’t mean that you have to like a colour scheme or a development for which planning permission has been obtained. Once permission is obtained or if the development is exempted, the test is whether or not the “intrusion” is reasonable.

To speak to someone about neighbourly disputes today please contact
Jim O’Higgins on -01-8658800   or jimohiggins@kentcarty.com