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Shared fence panelling.

  • 08-02-2016 6:41pm
    #1
    Xcellor
    Registered Users, Registered Users 2 Posts: 2,821 ✭✭✭


    I live on an estate and have wood paneling separating myself and my neighbour, held in with concrete supports. A few of the panels are quite rotten and doubt they will last another year.

    My neighbour is no longer treating his side so despite staining my side the water just comes through and the paint doesnt last long at all.

    I approached him the other day and said next summer we need to replace a few of the panels but his response was he is growing plants on his side, like vines etc and I got the impression he was quite happy with that... He has actually tied the vines onto the fencing his side...

    So I'm wondering do I just have to endure rotten fences? I think it was a bit out of order to grow stuff onto a shared perishable fencing.

    Just wondering what happens if next summer I buy the fence panelling and attempt to remove the falling apart ones and in the process destroy his vines am I within my rights?

    I'll talk to him again obviously before doing anything just curious what happens in these situations?


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Pop a fence up on your side.


  • #3
    Discodog
    Registered Users, Registered Users 2 Posts: 15,996 ✭✭✭✭Discodog


    Who owns the fence. Look at your deeds & you should see an arrow head that shows who owns each boundary.


  • #4
    Vikings
    Registered Users, Registered Users 2 Posts: 2,784 ✭✭✭Vikings


    http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/html

    Chapter 3 is what you want to read, lays out what you can do assuming it falls into that category of course.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,652 ✭✭✭✭Victor


    Vikings wrote: »
    http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/html

    Chapter 3 is what you want to read, lays out what you can do assuming it falls into that category of course.
    Chapter 3 of Part 8 - there are several Chapter 3s. :)


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Discodog wrote: »
    Who owns the fence. Look at your deeds & you should see an arrow head that shows who owns each boundary.

    It would be important to look at the map associated with the deeds in order to locate the boundary but there are unlikely to be arrowheads of any sort.


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  • #7
    Xcellor
    Registered Users, Registered Users 2 Posts: 2,821 ✭✭✭Xcellor


    Discodog wrote: »
    Who owns the fence. Look at your deeds & you should see an arrow head that shows who owns each boundary.

    Would my solicitor have the deeds? Sorry I've never had to look at them before.


  • #8
    Xcellor
    Registered Users, Registered Users 2 Posts: 2,821 ✭✭✭Xcellor


    Vikings wrote: »
    http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/html

    Chapter 3 is what you want to read, lays out what you can do assuming it falls into that category of course.

    Seems like the following:

    (c) preservation of the party structure or of any building or unbuilt-on land of which it forms a part, or


    (d) carrying out any other works which—


    (i) will not cause substantial damage or inconvenience to the adjoining owner, or


    (ii) if they may or will cause such damage or inconvenience, it is nevertheless reasonable to carry them out.

    He also seems to stacked turf against his side of the fence paneling which is causing one section to buckle removing that one would be near impossible I'd say.

    In fairness more than likely he will be agreeable to replacing a few panels in the summer.I'm sure if we do it together we can remove the vine and reattach.

    Anyway... summer is a few months away


  • #9
    Discodog
    Registered Users, Registered Users 2 Posts: 15,996 ✭✭✭✭Discodog


    Xcellor wrote: »
    Would my solicitor have the deeds? Sorry I've never had to look at them before.

    Should do.


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