Boundary Wall Experts Ireland

We are the Leading Party Wall Surveyors in Ireland

We advise property owners, property developers and legal professionals on all issues regarding such works and entitlements regarding boundaries. 

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  • Disputes
  • Assessments
  • Risk Mitigation

Serving Everyone With Boundary Wall Issues

Works at or near the boundary can start disputes. We can advise you. We assess the location of the boundaries and the impact of works, either proposed or already completed.

Property Owners

Works to or near boundaries and party walls have an impact on the adjoining property. We help clarify the entitlements of both the person proposing to do the works and the adjoining neighbour.

Boundary disputes can often occur due to confusion or ambiguity about the legal boundary. Property owners might require a service to verify their property boundaries to avoid conflicts with neighbours or future owners.

It is important for both parties that any disagreement does not resort to a full legal dispute. Given the willingness of both parties, we can explain the position of both owners and help bring clarity and resolution to issues.

In cases of an existing dispute, we can provide your legal advisors with Expert Witness advice to assist in resolving issues effectively and amicably.

Commercial

Property developers might use a boundary wall dispute service for the following reasons…

Before starting a development project, it is crucial to have accurate knowledge about boundaries to avoid any legal complications later. It is also important to know entitlements in order to ease the construction process where abutting other land or buildings.

If there is a boundary dispute, it could complicate obtaining planning permission for a project. A boundary dispute service can help resolve these issues to ensure the project proceeds without undue delay.

A problem with boundaries can cause expensive delays or modifications. It is best to deal with these prior to site works commencing. We advise on the best practices and procedures to avoid this arising.

If construction requires access and disruption to the adjoining property, we advise on the relevant works and procedures. We have acted as Expert Witness both for and against Works Orders. It is important that the requirements are clearly set out and reasonably required.

Building close to the boundary can often require access to the adjoining property temporarily and even removal of features in the adjoining site. Our advice can make this a clearer process.

Schedules of Condition are vital as a record of the condition of the adjoining property prior to works commencing. This provides a clear record for comparison if damage is incurred or claimed to be incurred as a consequence of the works.

Legal Professionals

Legal professionals will find a boundary wall dispute service useful in a number of ways including acting as Expert Witness.

Legal professionals know the law but require the opinion of experts to advise on the site situation and fact reporting. With particular expertise in party wall and boundary matters, we provide critical information and opinions to assist solicitors and barristers in guiding the best legal process.

A little knowledge is a dangerous thing. It is only with the benefit of clear review – whether that be of title documents and maps or site details and relationships, that the legal situation can be advised. Mypartywall investigates and provides the information that is required.

In some cases, a solicitor might use the service to find an alternative to lengthy court proceedings, which can be costly and time-consuming. While Mypartywall may initially be engaged to investigate and report on facts, the process can lead to us suggesting resolutions from our experience of these matters. This may include consulting with a professional acting for the other party. At the very least this should focus on the contentious areas. We would hope that the last resort should be legal action going the full course.

To date, with over 300 projects, only a small number have gone to a full court hearing, and our advice prevailed.

Under the Act, works can be permitted by a Works Order from the District Court, and we have acted for both parties seeking a Works Order and those adjoining neighbours opposing them.

Not all legal actions fall under Works Orders and we have also acted as Expert Witness in Circuit Court and High Court proceedings.

Planning issues should not be confused with legal issues in terms of boundary concerns. Whether a proposal requires planning permission or is claimed to be exempted from development, these are separate from possible property rights. Mypartywall consultants have backgrounds as registered Architects and Building Surveyors. We advise on planning and building control issues. However, in general, Local Planning Authorities do not get drawn into legal disputes and will limit their input and decisions around technical matters and Proper Planning and Development.

CASE STUDIES

Case studies give examples of situations and the advice given.

The Extension

John and Ann live in a terraced house. Over a two year period, the neighbours on either side decided to build extensions.

The first proposal only came to light when the extension had already commenced. We reviewed the drawings with the neighbour’s Architect and advised on amendments to ensure that fire integrity was maintained, as well as detailing to eliminate potential problems with damp penetration.

Agreement was also reached in relation to maintaining privacy by raising part of the boundary wall, as a new window was turned to face towards the client’s property.

The second proposal involved building along the party wall, and raising a section of roof. Following review of the drawings with the neighbour’s builder, the roof pitch was amended to reduce overshadowing of the clients patio, and eliminate the need for an overhanging gutter.

The cost of all work was borne by the neighbours in each case.    

Thanks for all your help in dealing with the extension our neighbours built. While they had informed us that they were thinking of extending, it was only when the builders were on site that we focussed on the potential impact on our house. You eased our concerns with a professional approach to the issues that you advised of, and the adjustments that were required. Best of all, we have been able to retain good relationships with our neighbours, yet have the comfort of knowing that there are no future issues. My only regret is that we did not contact you for advice when our neighbours first mentioned their proposal.

John McC

The Attic Conversion

EG’s concerns started with noisy drilling to the party wall to her semi-detached house. We met with the builder and received a briefing on the proposal to convert the attic.

The existing water tanks had been removed for relocation. However, the support for the tanks consisted of steel that passed through the party wall and supported the corresponding tanks in the adjoining attic. As a result, it was akin to a see-saw arrangement, and the removal of the tanks from one side resulted in the corresponding tanks being inadequately supported. The tanks had already started to move.

The drilling to the wall had been due to new structural timbers being proposed to be built into the wall. We directed additional support to be provided under the clients tanks, and ensured that the holes formed in the wall for support did not compromise the fire separation between the two houses, and were in accordance withBuilding Regulations.

Both house owners benefitted from the input of Mypartywall. The cost of both the support to the tanks and the fees associated with the advice were paid by the neighbour.

Thank goodness I contacted Mypartywall. Without the assessment and advice of the recommended Party Wall Surveyor, I could have ended up with my house damaged by water , or worse still, destroyed by fire. The professionalism and expertise was impressive in all the dealings with the neighbours and the builder.

EG

Garage Conversion and Extension

An elderly client was approached by the neighbour, who wished to convert their adjoining garage and also provide a first floor extension over.

Mypartywall advised on the need to ensure that the foundations were adequate for the extra floor, the fire separation, amended drainage and the flashing and integrity of the roof finish to the client’s garage.

The works were agreed to be carried out in such a way that the client could carry out a similar conversion and extension with minimum problems in the future.

Through Mypartywall, my parent received advice on the best options and the impact on their house. This reduced the stress and worry of the entire procedure, and it is comforting to know that the works were overviewed to safeguard standards

Derek

New Party Wall

When TM’s neighbours informed him that they were proposing to build an extension to their adjoining semi-detached house, he contacted Mypartywall. He had concerns as the builders wanted to demolish the garden wall, as it was very close to the new side wall to the extension.

We outlined the options to TM, and in the course of this TM mentioned that he hoped to extend at some time. We advised how a new party wall could be constructed now, that would have the flexibility to serve as the new wall to any future extension by TM and his family. Both houses gained valuable room width in avoiding building two walls

By allowing the wall to be built to the details provided by the expert, the cost of the wall was borne by the neighbour and with a contribution by TM so that he has the beneficial right to use the wall.

Thank you for all your guidance in advising us of the options available. If we had just let the works proceed without your advice, it would have resulted in greater cost and disruption in the long term.

TM

Building on the Boundary Wall

This is a very common issue, and where the proposal is to repalce or incorporate the boundary wall in a new structure.

A recent case involved the extending and raising of the wall to a previous utility room built on the boundary. We advised as to the rights – that there was not an entitlement to do either. However agreement was reached with some amended detailing lowering the wall and acknowledgement that the adjoining owner could use it in the future.

Another case involved a wall that was in poor condition and needed to be rebuilt. There were also original coal houses. One owner wanted to build an extension. It was agreed that this would be allowed forming a new Party Wall and construction of a new shed. The remainder of the garden wall was rebuilt, and details included ensuring the drainage was adequately protected.

Proposed House

The grandson of an elderly woman contacted Mypartywall as the neighbours had approached with plans for a new mews house beside her property. The proposal was to build close to the party boundary, which we advised would leave an inadequate space for maintaining either flank wall.

We advised on the manner in which the adjoining building should interface with the existing house.

However, the neighbour proceeded with lodging a planning application as originally proposed.

We lodged an objection to the planning application on behalf of the client, and planning permission was refused. 

Overhanging Roof

A neighbour constructed an extension and the roof and gutter oversailed the existing wall to to our client’s garage. Issues arose in relation to where the leagl boundary was, and what would occur if it was proposed to construct an extension over the garage.

We established that the garage was constructed entirely within the lands of our client and the extension roff had to be amended to eliminate oversailing.

Establishing Boundary Location

Client’s first contact often seeks advice on whether a wall is a party wall. A boundary wall is not neccessarily a Party Wall – it could be owned outright by either neighbour.

Our investigations will include measuring the property and features, and also surrounding setting – for example comparing the other boundaries. It will also include comparing title maps, which should give vital information to aid in identifying the actual location of the legal boundary.

Disputes often arise due to reliance on Land Registry mapping. The system operated is clearly stated as being to identify land and not boundaries. Original title maps can be of greater assistance.

Even where a wall is not a Party Wall, either owner may have entitlements where maintenance, survey or building works are proposed. Under the Land and Conveyancing Law Reform Act, the precise location of the boundary may be academic in relation to allowing works and access. We advise in relation to these matters.

Commercial

Commercial clients are often more informed about issues such as the need for Schedules of Condition and access arrangements, as they may have experienced it with previous projects. The nature of such projects can vary greatly including constructing basements and requirement for significant structural underpinning. We have guided parties carrying out works, and also acted for adjoining owners involving all types of buildings – offices, apartments, retail – and also Protected Structures.

WHY USE US?

Works to, or near, Boundaries and Party Walls have an impact on the adjoining property. The Land and Conveyancing Law Reform Act clarifies the entitlements of both the person proposing to do the works and the adjoining neighbour.

A building owner proposing to do work generally has a builder or architect advising him. It is important that the adjoining owner has advice that looks after his interests. Mypartywall is experienced in all issues with respect to Party Walls, and with Professional qualifications in Architecture and/or Building Surveying.

This is not an issue of conflict – just professional advice. This can also help to avoid a boundary dispute. This is in the interest of both parties, and we have acted for either side and also jointly.

Frequently Asked Questions

Can’t find the question you want answered? Contact Us!

A party wall is a wall shared between two properties. It could be a common wall separating, for example, two semi-detached or terraced houses. It can also be a garden wall between properties. However, not all boundary walls are Party Walls – they may be entirely in the ownership of one title. Regardless of the status, issues arise and advice can be given and we can assess whether the wall is a Party Wall, and what entitlements apply.

Yes there is, but it is not called a Party Wall Act.  The Land and Conveyancing Law Reform Act 2009 contains provisions dealing with Party Wall matters. It sets out the rights of both a person proposing to do work, and the adjoining owner. A Party Wall Surveyor will be able to clarify the likely impact and advise on the practical implementation. This can also relate to works near the boundary and Party Wall.

There is no simple definition of who owns a party wall between two properties.

Legally there are 4 different categories of party walls and depending on the specifics. In addition a wall may not fall into any of those categories and be in the sole ownership of one of the properties. Each case is different and impacts on the issues for review.

You should get advice from a professional who is experienced in party wall matters. They will assess the situation and advise you in relation to the implications for your property, the entitlements of both your neighbour and yourself, and the actions that should be taken to safeguard both owners’ interests. Also read our TIPS section on ‘Why Use Us’.

It can also help for professionals on both sides to discuss the concerns of their respective clients – this reduces the chances of ill feeling. We can contact the Architect, and welcome professional contacting us when we are involved in works. 

The Land and Conveyancing  Law Reform Act entitles the adjoining Owner to have the reasonable cost of professional advice paid for by the party who are proposing to do the works, so you may recoup fees. This cost may be offset if you are also benefiting from the works. Regardless – Good advice always pays.

Under the Act either party are entitled to carry out certain works. Both the works and any inconvenience are limited to being “reasonable”. Any damage done during the course of the works, has to be made good. The Party Wall Surveyor will advise what works are reasonable, and may suggest alternatives to reduce any inconvenience. We can act for either side, or both.