It's no fun if you fall out over the party wall!

Legal advice for farmers

If a dispute between neighbours, in relation to a shared structure, by virtue of the Land and Conveyancing Law Reform Act 2009, a neighbour can apply to the District Court for permission to go ahead with  work on the structure. 

Dear Karen,

There is a party wall between my property and my neighbour’s property. Cracks are starting to appear in the wall. I am worried it will collapse, damaging my property, or worse, and injuring someone. What can I do? What are my rights?

Dear Reader,

Disputes relating to the potential damage and inconvenience caused to party (shared) walls by works or development by a neighbour are not uncommon. It is important to bear in mind that the best way to approach any changes to party walls/structures with your neighbours is to discuss your concerns with them with a view to coming to a solution. You and your neighbour are far better off in the long term having a good relationship, and it is best to approach your neighbour in an amicable manner. 

Try and get the consent and co-operation of your neighbour.

Despite your best efforts, your neighbour might refuse to allow works to be carried out or obstruct the carrying out of works to the party structure.

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. 

“Works Orders” are a relatively new and novel method of addressing such disputes. 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.

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.

While the provisions in the Land and Conveyancing Law Reform Act 2009 are certainly welcome and helpful, it is without doubt far better to try and reach an agreement with your neighbour and have works carried out with their consent and co-operation. 

Prior to the 2009 Act, a situation like this might well have escalated into a long and bitter row between neighbours, but the Act has introduced a procedure that can be activated through the District Court, which lets the judge decide upon the situation.

Karen Walsh, from a farming background, is a solicitor practicing in Walsh & Partners, Solicitors, 17, South Mall, Cork (021-4270200), and author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.

Email: [e-mail] Web: www.walshandpartners.ie