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Legal situation re property being overlooked?

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2

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    #32
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    I like to sun bathe on my roof. Due to the design of the house opposite the neighbours are constantly looking at me through their large glazed front to their house. Can I sue?


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    #33
    Ninap
    Registered Users Posts: 534 ✭✭✭Ninap


    kippy wrote: »
    Not sure about the legal standpoint but I would ask this.
    Has this neighbour always been there? Have you been in your house long and has the room you are discussing always been there?

    I find it rather strange that someone who lives in a glass house expects privacy from their neighbours to be completely honest.
    He has as much right, I would suggest, to use his property as you do yours.
    Ultimately I believe if you require more privacy from him that the onus is on you to get that without impacting on his rights......

    I thought your questions were fairly rhetorical. But seeing as you want a reply, my neighbour is renting, and has been for a while. We have resumed living in our house about a year ago, having been away for a while. The houses are identical and have not been extended. They use a lot of glass to maximise light in a small space - it doesn't mean we forego any right to privacy. As I mention above, planners deal with these sort of issues fairly regularly - people sometimes wish to use their properties in ways that would unfairly or negatively impact on others, and thus are denied their wishes.


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    #34
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    A private nusiance is what is happening here


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    #35
    kippy
    Registered Users Posts: 18,584 ✭✭✭✭kippy


    Ninap wrote: »
    I thought your questions were fairly rhetorical. But seeing as you want a reply, my neighbour is renting, and has been for a while. We have resumed living in our house about a year ago, having been away for a while. The houses are identical and have not been extended. They use a lot of glass to maximise light in a small space - it doesn't mean we forego any right to privacy. As I mention above, planners deal with these sort of issues fairly regularly - people sometimes wish to use their properties in ways that would unfairly or negatively impact on others, and thus are denied their wishes.
    Planners deal with this, generally before the planning has been granted.

    I think you'll find that there's been a lot of issues with planning in the past decade and indeed lots of issues around bad planning. I believe you will find it very difficult to change this guys behavior if you go down querying the planning laws.
    Approaching the landlord and mentioning your concerns MAY be the way to begin the process but I would tread carefully.


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    #36
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    what's he doing up there every day ?


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    #37
    Victor
    Registered Users Posts: 78,411 ✭✭✭✭Victor


    LowKeyReturn wrote: »
    I like to sun bathe on my roof. Due to the design of the house opposite the neighbours are constantly looking at me through their large glazed front to their house. Can I sue?
    Behave.

    Moderator

    Yes, you could sue, but you would be unsuccessful.

    The problem being that you would be using your roof for an unintended use, while they would be using their house and windows for it's intended use, what with them pointing at walls and roofs, not gardens and windows.

    It may also get around that you like watching the unsuspecting 19 year in the house on the other side from your roof-top perch.


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    #38
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Is he actually looking into your property or is it just that he can see into it? I live in an apartment where most of my neighbours can see into my living room. Most of the time it's not an issue, however for those times where I don't want to be seen I will close the curtains...

    Unless this guy is making a point of staring into your property for the whole time he is up there I really wouldn't worry about it. Chances are he has absolutely no interest in watching you go about your business.


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    #39
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    wexie wrote: »
    I'm by no means a legal expert but I'd imagine that'd be a great way to get into trouble with the gards yourself...
    For what? Pointing a switched off empty camcorder at his flat roof? What would they charge you with?


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    #40
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Ninap wrote: »
    Thanks for helpful replies.

    Having done a bit more searching I see that using a flat roof of an extension as a balcony or roof garden requires planning permission:

    (From Dun Laoghaire Rathdown CC (but repeated elsewhere):

    "Can I build a balcony / roof garden on my extension without permission?
    No - specifically excluded from exemption by Part 1, Schedule 2, Column 2, Condition 7."

    A roof garden for the purpose of the planning laws would probably have to have some kind of planters or garden furniture. the Ladder can be said to be there for maintenance assess.


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    #41
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Victor wrote: »
    Behave.

    Moderator

    Sorry. Apologies OP also.
    Victor wrote: »
    Yes, you could sue, but you would be unsuccessful.

    The problem being that you would be using your roof for an unintended use, while they would be using their house and windows for it's intended use, what with them pointing at walls and roofs, not gardens and windows.

    It may also get around that you like watching the unsuspecting 19 year in the house on the other side from your roof-top perch.

    Pffft... cunning webcam set-ups are much better.


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    #42
    Ninap
    Registered Users Posts: 534 ✭✭✭Ninap


    foggy_lad wrote: »
    A roof garden for the purpose of the planning laws would probably have to have some kind of planters or garden furniture. the Ladder can be said to be there for maintenance assess.

    He seems to have a barbeque and maybe some chairs up there.


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    #43
    ardmacha
    Registered Users Posts: 7,476 ✭✭✭ardmacha


    Net curtains (or their modern equivalent). Problem solved.
    You can look out, people cannot see in.


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    #44
    Victor
    Registered Users Posts: 78,411 ✭✭✭✭Victor


    murphaph wrote: »
    For what? Pointing a switched off empty camcorder at his flat roof? What would they charge you with?

    In theory, if the roof is known to be used, there is an invasion of privacy / harassment issue if the roof or things on the roof can be seen.


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    #45
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    xper wrote: »

    On a completely different tack, depending on the angle of light and the glass used, you might be surprised how little you can see into a room from outside even from close up.

    +1

    Half the time these privacy disputes are because the person *thinks* people can see in and watch them. But a lot of the time they actually can't.

    In the OP's situation my guess is that the neighbour is enjoying a bit of sunshine from the roof for a few days while it lasts. His neighbours attitude is probably something along the lines of 'does yer man think I come up here just to look at him???'. And in a way who could blame him ? In all likelihood he is just out for a bit of sun and warm air and not doing it to walk on anyones privacy.

    I do still sympathise with the OP but can't really see any remedy to all this. Just out of interest OP- when he gets onto his roof is there a flat section where he can put a table/chairs or is the guy literally lying up against a pitched roof ?


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    #46
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    RATM wrote: »
    +1

    Half the time these privacy disputes are because the person *thinks* people can see in and watch them. But a lot of the time they actually can't.

    Fair point. In my last place I had a biggish living room window that overlooked the road and I thought that everyone could see into my living room until I went down and looked up and realised that you couldnt see anything in the room unless it was right up against the glass. That was during the day; obviously at night its a different story, but thats the same for any window at night.


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    #47
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    Does anyone else think it a bit harsh of the OP to try to prevent someone from enjoying this rare bit of nice weather by sitting on their roof?? Once the atlantic lows start rolling in again he won't be on his roof anymore.


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    #48
    kennethsmyth
    Registered Users Posts: 1,188 ✭✭✭kennethsmyth


    Emmm.... don't want to point out the obvious but its not the neighbours roof, its the landlords roof. If that roof is a felt covered roof and not concrete he's damaging the landlords property and the landlord should be informed. There's more than one way to skin a cat.:D


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    #49
    Boombastic
    Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    Plant some trees


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    #50
    kennethsmyth
    Registered Users Posts: 1,188 ✭✭✭kennethsmyth


    Ninap wrote: »
    I thought your questions were fairly rhetorical. But seeing as you want a reply, my neighbour is renting, and has been for a while. We have resumed living in our house about a year ago, having been away for a while. The houses are identical and have not been extended. They use a lot of glass to maximise light in a small space - it doesn't mean we forego any right to privacy. As I mention above, planners deal with these sort of issues fairly regularly - people sometimes wish to use their properties in ways that would unfairly or negatively impact on others, and thus are denied their wishes.

    :rolleyes:


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    #51
    Ninap
    Registered Users Posts: 534 ✭✭✭Ninap


    Just to add to the available info, the roofs are flat, and felt covered. We had to completely redo our roof two years ago, so walking on it is probably not recommended.

    As for whether you can see in through our windows, unfortunately the answer is yes, as I know from having been up on our roof (when it was being repaired), and being able to see in to our neighbour's on the other side.

    And, yes, the guy is up there more than usual due to the good weather. But he's up there every day, and has been up there regularly even before the good weather started.

    We spoke to him and said it wouldn't be a problem if it was the odd occasion (just as we've no problem with him having the occasional party).

    My wife in particular doesn't like to have him up there, including with friends, liable to look in at her at any moment.


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    #52
    Ninap
    Registered Users Posts: 534 ✭✭✭Ninap


    Boombastic wrote: »
    Plant some trees

    In my non existent garden? And wait 10 years for them to grow? And block out our light?


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    #53
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    The simple thing is to contact the owner.
    Explain that the felt roof will almost certainly have to be replaced because of all the footfall on it.
    Make it sound like you're doing the owner a favour- tell him how much it cost to replace yours- and how since the ladder was put in situ, the tenants have been constantly on the roof.
    Only if this fails to elicit a response- go down the road of how they are invading your privacy etc.


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    #54
    Boombastic
    Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    Ninap wrote: »
    In my non existent garden? And wait 10 years for them to grow? And block out our light?

    10 years? You can buy trees a lot of different heights, it's not like you have to plant them from seed, but that's beside the point.

    If you are that worried your neighbour 'might' look in at your wife, many suggestions have been offered curtains, window film etc. Which you have rejected. If you wanted exclusive privacy you shouldn't have bought in a estate.

    Also if a flat roof isn't strong enough to walk on, there are serious structural issues with the property.


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    #55
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Usually when I don't want neighbours looking in at my glass exterior, I close my blinds.


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    #56
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    Boombastic wrote: »
    Also if a flat roof isn't strong enough to walk on, there are serious structural issues with the property.

    I can guarantee you that no developer is going to spend a single extra cent sizing a flat roof to take anything other than the static and dynamic loads on the building.

    Equally I am sure that any sensible landlord would be very interested in knowing that his tenant (and guests and chairs and barbecue and bottles etc.) are on the roof of his property. I would be fairly certain that the guards would also be interested if any of that could fall off an unguarded building edge into the street below.


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    #57
    drunkmonkey
    Registered Users Posts: 28,192 ✭✭✭✭drunkmonkey


    Just on this subject, anyone know how high you can build up your back wall without planning permission?


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    #58
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    jimmycrackcorm wrote: »
    Usually when I don't want neighbours looking in at my glass exterior, I close my blinds.

    Usually I expect to enjoy some privacy without someone looking in my 1st floor window. There is a reason why planning laws exist.


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    #59
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    Boombastic wrote: »
    10 years? You can buy trees a lot of different heights, it's not like you have to plant them from seed, but that's beside the point.

    If you are that worried your neighbour 'might' look in at your wife, many suggestions have been offered curtains, window film etc. Which you have rejected. If you wanted exclusive privacy you shouldn't have bought in a estate.

    Also if a flat roof isn't strong enough to walk on, there are serious structural issues with the property.

    If there is chairs being used then they exert more pressure per area than would be expected


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    #60
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    ted1 wrote: »
    If there is chairs being used then they exert more pressure per area than would be expected

    A good reason to gently approach it with the owner- you'd be doing him a favour- saving him thousands, if he doesn't 'need' to redo the roof........


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    #61
    Victor
    Registered Users Posts: 78,411 ✭✭✭✭Victor


    drunkmonkey wrote: »
    Just on this subject, anyone know how high you can build up your back wall without planning permission?
    I'm told 2 metres above ground level.


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