My neighbour won't agree to wall repair

Dear Reader, 

Boundary disputes can often arise. In any event, the first course of action is to engage an engineer or surveyor to check the boundaries of the property. These boundaries must be clearly marked out on the ground.

Any dispute over the boundaries of the property could lead to an increase or decrease in the property’s value so it is important that these are clearly identified and marked. 

If a dispute does arise, it is advisable to keep all boundary issues with neighbouring landowners amicable if possible. If it is not possible to reach a mutually agreeable decision amicably with your neighbour, arbitration and mediation are alternatives to costly court proceedings.

In the event a dispute does arise over the boundary, you should engage a solicitor, as well as an engineer, to investigate title thoroughly as this will ultimately reveal who owns what. 

The title deeds will be the primary source for resolving such disputes, and should the matter proceed to court, a judge will rely on these, as well as evidence from both sides engineer’s, when making their decision. 

It may be necessary to bring court proceedings if this cannot be resolved and your neighbour continues to assert ownership over the disputed area and your solicitor and a barrister will advise the basis for this.

Regarding your neighbours refusal to allow works to be carried out or obstruct the carrying out of works to the party structure there is an application you can make. 

If a dispute arises now between neighbours, in relation to a party structure by virtue of the Land and Conveyancing Law Reform Act 2009, the person who wants to carry out the work can apply to the District Court for what is known as a “Works Order”, or in other words, permission to go ahead with the work. 

They can be applied for by either the ‘building’ neighbour intending to carry out works to a party structure or the adjoining owner requiring the damage caused by such works to be made good where the building owner who carried out the works failed to do so within a reasonable time.

If you cause damage to your neighbour’s property while carrying out work to the party structure, you must repair the damage or pay for the cost of the repair work carried out by your neighbour. 

If a property owner carries out work to the party wall and fails to repair any damage to his neighbour’s property the law allows the neighbour to apply to the court for an order to compel the damage to be fixed.

The “building” neighbour may claim a reasonable contribution or deduction from any reimbursement from the costs of making good damage that takes into account the proportionate use or enjoyment of the party structure which benefits the adjoining owner or as is reasonable to assume, the adjoining owner will benefit from. 

In these circumstances, the court can impose any terms and conditions that it sees fit when making an order authorising the work – the court will take into account the individual circumstances of each case. 

The court can also make an order entitling the property owner who intends to carry out the work access to his neighbour’s property for the purposes of carrying out the work.

Stephen Coppinger is a solicitor practising in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.  Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.

Email:  info@walshandpartners.ie 

Web: www.walshandpartners.ie

• Disclaimer: While every care is taken to ensure the accuracy of the information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.