I’m living in a housing estate on the east coast and a man in the next estate over has knocked down the boundary wall. He’s smashed it down himself and he’s got away with it. The people in my estate are very upset about this and the trouble and abuse this man and his family have caused, screaming, and shouting at old people.

And he’s upsetting old and sick people in the area with strangers walking through his gate into our estate right now. Our estate is not a cul-de-sac any more because of this man. There should be a planning deed stating it’s a private estate, but this man has broken the law and got away with it. He’s put his own lock on the gate on our side.

There are several aspects to consider in the situation you outline, principally, the damage to a wall that may be public property, a breach of planning regulations, the potential creation of a right of way and the alleged verbal abuse, writes Patrick Shine.

The ownership of a boundary wall between two residential estates depends on who retains title to the land on which it is located. This may be difficult to establish, especially if different developers were involved in the respective estates. The ownership status, however, may not be as relevant if the boundary wall is included as part of one or both estate developments for which planning permission was granted. If so, the creation of a route for the public between the estates is likely to be a breach of planning regulations.

I suggest that you, together with your group of residents, contact your local authority’s planning department and notify it of the wall demolition and creation of a public way through the boundary wall between the estates. If it transpires that the status of the wall as a boundary wall between the respective estates is unclear or that the gate you refer to creates uncertainty in relation to the creation of a public way, it may be necessary to engage a chartered planning and development surveyor to research the planning history of the respective estates and liaise with the planning department on your behalf.

The creation of public access in any situation, including the one you describe, is (irrespective of regard for planning regulations) a potentially serious matter. Without documentation such as a formal agreement or inclusion in a deed, such access may, after a number of years, become a “right of way by prescription”. Evidence of use for 20 years has, in the past, been accepted for the establishment of a right of way by prescription. Since 2009 there have been amendments to the law in relation to having such rights registered, within defined time limits, by the Land Registry. The law is under further review. It is therefore advisable to deal with the issue of the creation of the passageway through the wall without undue delay.

Verbal abuse is a separate issue. When such abuse occurs in relation to issues concerning properties, boundaries, rights, or related issues, it is advisable to avoid being drawn into an exchange that may escalate and create a more volatile relationship with the perpetrator. You and your affected neighbours should instead document details of instances of such verbal abuse, including dates, times, nature of abuse (including words used), names of people it was directed at and witnesses. Such details should be factual and not overstated or judgemental. You should then report the matter to the gardaí and provide your evidence of instances of occurrences.

If you do not achieve a satisfactory outcome on either the wall issue or the verbal abuse, you may need to discuss your options with your solicitor.

Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer, and a member of the Society of Chartered Surveyors Ireland