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Rights to access from neighbouring property.

  • 14-07-2015 12:04PM
    #1
    mrjoneill
    Registered Users, Registered Users 2 Posts: 536 ✭✭✭


    A friend of mine is considering buying a house that has an end wall of a neighbouring house a boundary on the side access to the rear of the house he is planning to buy. It would appear there are no easements and the vendor of the property states the neighbour has no rights of access granted to them and he grants them permission to access his property every few yrs to paint their gable end. The neighbour’s gable end wall is blank in that it has no windows or doors. My friend has considered this access route to the back of the property as a possibility for building on and outside of the planning law issues was wondering can the neighbour veto this and to what exactly are the neighbours right should he decide to build on it. There is nothing concrete in this entire just hypothesis.


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,869 ✭✭✭GerardKeating


    mrjoneill wrote: »
    A friend of mine is considering buying a house that has an end wall of a neighbouring house a boundary on the side access to the rear of the house he is planning to buy. It would appear there are no easements and the vendor of the property states the neighbour has no rights of access granted to them and he grants them permission to access his property every few yrs to paint their gable end. The neighbour’s gable end wall is blank in that it has no windows or doors. My friend has considered this access route to the back of the property as a possibility for building on and outside of the planning law issues was wondering can the neighbour veto this and to what exactly are the neighbours right should he decide to build on it. There is nothing concrete in this entire just hypothesis.

    The "neighbour" can object to any planning application, but not veto.

    The "neighbour" might also claim that the occasional access is a right, and try to get it registered/recorded in some way.

    Why not talk to the "neighbour" and discuss the matter, unless the new build is very close to the existing dwelling, a "different" access might be possible ?


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,653 ✭✭✭✭Victor


    Under the time immemorial rule, such a neighbour would be entitled to a right of (access for) maintenance if they had done maintenance for a period of 20 years. That rule might have changed with recent changes in property legislation.

    If the property owner extends their property up against the neighbour's property, what would the neighbour need access for?

    Note that some council development plans specify that buildings must either be built against each other or leave a minimum gap, e.g. 1 metre.

    Any construction on a boundary now needs agreement between the parties. Getting an agreement put in place that suits both parties would be good.


  • #4
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    One additional thought.

    Planning permission might be granted by a local authority where the application conforms with planning law and practice. However, this permission does not nullify any potential objections from a neighbour on grounds outside planning law e.g the proposed development will be a legal nuisance.

    Some people think that a valid planning permission equals a licence to proceed regardless of other conflicting interests.


  • #5
    pedroeibar1
    Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    Access can be obtained under Section 44. Land and Conveyancing Law Reform Act 2009. Much easier to do it in a friendly fashion.


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