Neighbors shed overhanging into my property along with Rainwater from his roof.

dazzler101 · 25-02-2024 9:44pm #1

My neighbour who is at the back of my garden, erected a large block garden shed a couple of months ago. (I purchase the property just over two months ago, the house hasn't been occupied since Aug/Sep and during this time frame the neighbor decided to build his shed when it was unoccupied)

Previously there was an old women living in the property for about 25yrs. We share about 5m of a boundary wall, the problem is is that the shed he built has a pitched roof and overhangs into my garden by about 8inches and has no gutter etc to bring the rainwater into his property, the rainwater from his roof has created a slurry/really wet patch at the back of my garden whenever there is rain of an area 9m2 approx.

He has built the shed incorporating the boundary wall as one of the walls. If the shed/roof needs maintenance at any time in the future he would probably have to come onto some of my property

I'm going to ask him nicely if he can rectify this somehow, if he doesn't agree what are my rights? Can I just just take down part of the roof/wall plates that overhang into my property and direct the rainwater somehow back into his garden as it should not be my problem??

mickdw · 25-02-2024 9:53pm

He needs to redesign the roof so that all water is collected his side of the boundary wall and directed to surface water drainage.

You can speak to him. Tell him nicely what has to be done. If no action, you will have to go legal but he has no leg to stand on.

chrisd2019 · 25-02-2024 10:06pm

https://www.boards.ie/discussion/2058337884/neighbors-shed-overhanging-into-my-property-along-with-rainwater-from-his-roof

Depending on the size of the structure, your local authority planning department might be useful if he doesn't respond nicely to your communication.

dazzler101 · 25-02-2024 11:41pm

https://www.boards.ie/discussion/comment/121817229#Comment_121817229

Thanks for the reply. From his reputation and the manner in which he has constructed his shed, I think its going to be the latter. he could put a gutter at the base of the roof/eaves and direct the rainwater back into his property. but I don't really want any off his shed coming into my airspace.

mickdw · 26-02-2024 1:57am

Yes the existing boundary wall must remain the boundary

It should be a parapet style eaves where the roof runs into the boundary wall, not past it. Water collected his side of the boundary not on your side.

26-02-2024 2:03am

This

Former Former Former · 26-02-2024 6:24am

https://www.boards.ie/discussion/comment/121817655#Comment_121817655

You need to check if he built it without planning permission, it’s very likely but double check.

Then you need to approach him and point out the issue.

My guess is that he’ll claim the previous owner agreed to it. If so, he needs a written agreement which should be provided to you. If he has this, things just got a lot more complicated and your next call is to your solicitor.

But assuming he doesn’t have it, he’ll probably say “there’s not much I can do about it now” - do not engage in any compromise, it’s his problem to fix. He might offer to fit a gutter on your side, that will solve the water issue but not the overhang.

Assuming he doesn’t fix it, you’ll have to report him to the council. He’s broken the rules for planning exemptions so it’s an unauthorised structure. They should require him to fix it or remove it.

T-Maxx · 26-02-2024 8:33am

The shed is probably an exempted development. This doesn't excuse the overhang and surface water issue though.

Another thing to consider is that the boundary wall may actually be on your property, theirs, or straddling both.

Mellor · 26-02-2024 12:36pm

https://www.boards.ie/discussion/comment/121818054#Comment_121818054

What rules for planning exemptions do you think it is breaking? It's possibly unauthorised, but I'm not sure how you can say based on info in OP.

Former Former Former · 26-02-2024 12:57pm

https://www.boards.ie/discussion/comment/121818749#Comment_121818749

If it’s overhanging the OP’s property, then it extends beyond the “curtilage” of his house and thus cannot be exempt?

mickdw · 26-02-2024 2:55pm

https://www.boards.ie/discussion/comment/121818839#Comment_121818839

True in theory but I don't see a planning department getting involved in that if exempt in all other aspects as it would come down to legally defining the boundary position.

Former Former Former · 26-02-2024 4:07pm

https://www.boards.ie/discussion/comment/121819314#Comment_121819314

There’s no suggestion of a boundary dispute though. The OP says it’s a boundary wall and it’s infinitely more likely that the neighbour just chanced his arm.

Should be open and shut, so long as the OP is willing to piss his neighbour off…

Former Former Former · 26-02-2024 4:07pm

mickdw · 26-02-2024 5:47pm

https://www.boards.ie/discussion/comment/121819804#Comment_121819804

But as mentioned earlier, the true boundary could be 300mm inside the wall for all we know. It could even have marker posts.

For that reason I don't see any council department making any concrete decisions based purely on the appearance of a boundary.

I could be wrong though.

Mellor · 26-02-2024 10:53pm

https://www.boards.ie/discussion/comment/121818839#Comment_121818839

Not a planning matter. For the reasons above.

OP has assumed the rear wall is the precise boundary. It may well be, but the council won’t make enforcement actions based on assumptions.

Plus neighbours could agree to allowed an overhang. It’s a civil matter between them.

rayjdav · 01-03-2024 2:37pm

If it overhangs into your property, and your sure it is only a recent build, report to the Enforcement section of the Council, in writing.

The shed might for the most part be exempt but this issue as described, removes exemptions. He will be contacted and if the council agree with you, he will have to address, possibly he will look for retention. If so, you put in a submission during the process for €20 so if the council allow it, you can go to the board.

Deffo get an experienced agent on board as you have one chance to deal with this and if you don't know what/how to do it, you will have to live with it.

Neighbors shed overhanging into my property along with Rainwater from his roof.

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