Friday 31 March 2017

Irish Times Planning Clinic - Replacing a shared property boundary

Six months ago my neighbour applied for and was granted planning permission to develop a large complex that abuts my property. As I was sick at this time, I did not pay any attention as I had a lot to contend with. The other day I looked at the plans and I noticed that they sought to replace our mutual boundary hedge (full of beautiful old mature trees – oak, ash, beech, etc) with a 2.4m high concrete block wall. They did not consult with me in any way prior to their application. The planning permission states that “the development shall take place with the plans submitted”. Does this mean that they must now remove our mutual boundary hedge? Can they do this despite the fact that I was not consulted on the matter?
You describe the hedge as a “mutual boundary hedge”. This means that it is a party boundary and that you have joint ownership. Therefore your property (legal) boundary runs through the centre of the trunks/stems of the hedge. One party cannot substantially interfere with or remove a party wall, hedge or fence without the consent of the adjoining owner.
Read the full article @ The Irish Times

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