Garden measurement's do not match the reality by 15 sq m

Gumbo

https://www.boards.ie/discussion/comment/122504987#Comment_122504987

You don’t need planning permission for a wall to the rear up to 2m high.

miresica

https://www.boards.ie/discussion/comment/122505049#Comment_122505049

Thanks,

the wall is higher than 2 m (is 2.4 between the houses)…he applied for planning permission and he got it

Mellor

https://www.boards.ie/discussion/comment/122504987#Comment_122504987

I'm saying that the wall position originally may not have been the position shown in the folio. And the current position is actually the legally correct position. I don't believe you have the info to say that this is definitely not the case. As you said you self, you don't know how big the garden is supposed to be. See my last post above for the info you need to confirm this.

But FFS. This last post is again another drip feed of partial info. And contradicts what you said previous.

This is not the case…definitely….the neighbor raised the wall, no council permission, i buy the house and start questioning the neighbor with regards to the wall and the most of 1 meter x11 meters cement poured in my garden along the wall, he admits that he poured the cement in my garden and if i touch it the wall will fall. I bring in a surveyor that advises that the wall was built wrong and there is a health and safety issue with the cement as it is very high. what the neighbour does: applies for planning permission, this is the mom when the letter from previous owner appears saying that he s allowing the neighbour to build 2 inches on his land. f…the 2 inches (which is way more) what about of 11 meters of cement that i cant touch? i have asked around and it seems that the neighbour poured the wall foundation and pillars only on my land, this is the reason that he needed another 11 meters). This is what I need to fix, and I will.

Now of those details were mentioned in your previous post. Why was planning permission needed? Not typical for a garden wall. In what way was the wall built wrong? More vague drip feeding.

Flipping between 2" and 1m has been a source of confusion. I now think its clear, and you were being intentionally vague.

This is my best guess at what happened.
The neighbour built a rear garden wall prior to your purchase. And it exceeded the allowable height exempt from planning. This is what the surveyor was referring to (as structural matters are not his forte). So the neighbour applied for retention, as he should. The application confirmed it was with agreement with the previous owner.

The 2" likely refers to half of a 4" wall. In that it is a party wall, built on the boundary, 2" to each side. That is normal and expected.
The "cement" is a concrete foundation. Which is wider than the wall. and Yes you can't rip out a foundation, it supports the wall. The foundation extending into the adjoining properties, again that is normal as it is a party wall. In order to do so he needed permission of the previous owner. Which he had.
I assume the foundation is flush with the ground level and not covered with soil (as you seen it).

Is that roughly accurate?
Nothing is that processes seems contrary to your folio. It's perfectly reasonable for the previous owner to given permission for a party structure to come on to their land. Party means 2 parties. If the wall was in place when you purchased then you purchased the site as developed by the parties. Nothing in your purchase suggests that you were purchasing it in the original state.

The wall foundation is totally independent to its position. If the wall is in an incorrect position, that is a different matter. But so far, you have not been able to show anything that backs up your notion that it is in the incorrect position. What are you basing that on.
Also, it's quite the coincident that that your measurements show the garden is ~11m smaller than you say it should be, and 11 metres is also the area of foundation/paving.

miresica

https://www.boards.ie/discussion/comment/122505104#Comment_122505104

Thank you for your answer.

when I have measured the garden i have included in my measurement the 11 sq m of concrete.

Former Former Former

https://www.boards.ie/discussion/comment/122505063#Comment_122505063

But the concrete at the base of the wall must have been there when you bought the house, right?

The big question is, even if you can prove your neighbour did something wrong, what are you going to do about it? Insist he demolishes the wall and rebuilds it entirely on his own land? You have to live beside this person, is it really worth it?

miresica

https://www.boards.ie/discussion/comment/122505123#Comment_122505123

when he built the wall all the soil that he excavated was used to cover the foundation in my garden (hence the garden was very high compared with the rest). the whole garden was covered in grass higher than 15 cm when i visited the house prior purchasing.

miresica

https://www.boards.ie/discussion/comment/122505104#Comment_122505104

Mellor, is not a rear wall, is extented to the front of house

muffler

https://www.boards.ie/discussion/comment/122505144#Comment_122505144

Now you are taking the p1ss.

Your refusal to post a photo as well as changing bits and pieces of the story just leads me to believe this is a wind up.

miresica

https://www.boards.ie/discussion/comment/122505167#Comment_122505167

I am sorry Muffler, you can think whatever you feel like.

Reason of me not posting of pic is just for private reason. I am not trying to cause more problems with my neighbors, however I need to understand what s my plot.

Again, I do apologies if the thread upsets you and thank you for your time in trying to help me.

sydthebeat

Caveat emptor.

There is no come back on this

miresica

Right! although the seller has to take steps to protect himself as well.

sydthebeat

https://www.boards.ie/discussion/comment/122505228#Comment_122505228

The buyer purchases as exists...... or gets professional advice that the product is incorrect so then may decide not to purchase.

The facts of this seems to be that

1. You purchased the house after the alteration to the wall. You purchased what you saw.

2. There was an agreement between the previous owner and the neighbour to alter the wall.

3. This alteration is not reflected on any land registry map, but may be so inconsequential as to not need to be reflected.

4. The council granted planning permission for this alteration to the wall, again, prior to your purchase of the house.

Looking at that folio it's very clear to see that both boundaries should be pretty central between both houses on either side.

So if the wall is out by a meter on the "detached" side, the OP wouldn't have access to their rear garden. I'll assume this is not the case

If the wall is out on the "connected" side by 1 meter then that will be obvious on the rear elevation, as usually the semi d house plans are symmetrical so the distance of the wall to windows will be so wildly obvious from the rear.

Which is the case op?

miresica

https://www.boards.ie/discussion/comment/122505306#Comment_122505306

Many thanks.

1. The altered wall was there when i purchased the house.
2. There was an agreement dated may 2020 ( i bought the house nov 2020). wasnt aware of this at the time.
3. land registry map the same as 2004 - this is what i was given by my solicitor
4. the council give the permission after i bought the house as the neighbour applied after i bought the house

The access to my rear garden is extremely narrow, the rare gate not in use as i cant hardly take the bin out. is even narrower where the pillars are as they are on my side entirely.

As far as I can see there is no symmetry between my rear garden and any garden, mine looks more wider that the left, right and rear neighbours,

Gumbo

https://www.boards.ie/discussion/comment/122505121#Comment_122505121

You are making no sense unfortunately.

As asked by many posters. Post a picture from the bedroom upstairs. If you don’t do this, we will spend the next week going around in circles.

Gumbo

https://www.boards.ie/discussion/comment/122505228#Comment_122505228

Your house. Your problem.

Former Former Former

https://www.boards.ie/discussion/comment/122505369#Comment_122505369

1. The altered wall was there when i purchased the house.
2. There was an agreement dated may 2020 ( i bought the house nov 2020). wasnt aware of this at the time.

So these are your issues. You knew the wall was there, and your current neighbour did nothing wrong. He had an agreement with the owner to build it.

The people at fault here are

1. The previous owner for not disclosing this agreement when selling the house
2. You, for taking four years to raise this issue.

but the question still remains, what can you do about it? What’s the best case outcome here?

miresica

I agree this is my fault as well. Here it is: i have asked my solicitor about the dimensions so many times during this 4 years i have emails to prove it and i was constantly told: we dont do something like this is Ireland.

Jim_Hodge

I give up. Simple questions were asked and the OP keeps skirting around them.

Bottom line is she bought as seen and there's not a thing can be done now years later.

I'm out.

bfclancy2

its a wind up, you could see that about 3 posts in, ignore

muffler

Is this the same neighbour who was parking in front of your house and scratched your car with a bin?