We own a new-build house and I have a few questions about responsibilities for garden boundaries and what my responsibilities are and what responsibilities my neighbours have that affect our property.
Firstly, we share wooden-panel fencing between concrete pillars with neighbours on either side. Each panel is shared so one side faces into our garden and the other faces the neighbours’. If they need to be replaced for the same type or something different, who is responsible for cost and selecting the type of fencing?
Also, our garden is higher than our rear neighbour’s by about a foot. The concrete panel fencing was installed at the time our estate was built but I can see some daylight between the bottom of our fence and our lawn. There isn’t any land slippage but would it be our responsibility to ensure our garden doesn’t slip into theirs, or would it be their responsibility to retain the incursion, or would the responsibility lie with both of us?
The wooden-panel fencing on each side of your garden is, as you describe, a shared fence with your respective neighbours. Such fences are also known as party fences. All significant work, including maintenance, is the responsibility of both parties who share the fence. If issues arise, including the need to replace part or all of the fence either with the same type of fence or something different, or engage fencing contractors, such issues, in addition to costs, are a matter for consultation and agreement between the parties.
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If your neighbour refuses to engage or co-operate with you, your options are limited. You are entitled to erect a new fence on your side of the existing fence as it would be on your own land, but this has inherent risks. What frequently occurs in such situations is that the unco-operative party removes the original fence and consequently gains a strip of property from the party who erected the newer fence. This potentially leads to a worsening of neighbourly relations.
You have the option of the legal route if the condition of the fence is such that remedial action is essential. This route, as provided for in sections 43-47 of the Land and Conveyancing Law Reform Act 2009, is a relatively straightforward process. You first make your case for your solicitor, including the nature of the work to be done, why it needs to be done and the consequences of not doing it. Your case should be supported by photographs and cost estimates where possible. Your solicitor will advise and make an application to the District Court for a works order. If granted, the works order will entitle you to carry out the necessary work.
In relation to the different garden levels with your neighbour to the rear, what you describe appears to be a case of substandard work. The concrete panels should have been set into the ground marginally below the level of the lower garden. This would be relatively easy for a fencing contractor to achieve, provided the supporting concrete posts are grooved to below ground level.
Standard concrete fence panels are capable of supporting the relatively small difference in ground levels you describe, provided the concrete posts are set in concrete foundations. I believe that the step in levels between the gardens is part of the party boundary structure and therefore you and your neighbour would have joint responsibility.
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You state that it is a new build, therefore you should discuss the issue with your neighbour and have consultations with your respective solicitors. You should ask your solicitor to examine a document titled Objections and Requisitions on Title, which would have been completed by the vendor’s solicitor at the time of sale. This legal document, which may be with your deeds, contains numerous questions and answers on a range of issues, including boundaries, relating to the property and is intended to provide reassurance to the purchaser. It would be interesting to check what reassurance, if any, is provided in relation to your boundaries.
As stated, the work appears to be substandard, therefore you need to consult your solicitor.
Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland
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