Answer

It is worth checking before buying a new property or starting an extension whether the boundary are located in the proper location according to the folio map or title deeds of your property.  If you buy a property or start extension works without following the correct procedures you have the possibility of ending up with delays and associated increased contract costs and potentially an expensive legal dispute. If you caused damage or find that the boundary walls are incorrectly located or clearly documented, you may end up with hefty compensation payment to the adjoining building owner.

The Land and Conveyancing Law Reform Act 2009 is designed to help neighbours resolve any disputes about works on or near the party line between two properties if they themselves cannot come to an agreement. The Act allows the building owner to do works following an application to the District Court for a “works order” whilst protecting the rights of the adjoining owner. In some cases works can be carried out without first consulting the adjoining owner. If you are thinking of buying a house with possible boundary issues it is of paramount importance that you get the vendor to sort out these issues before you buy.

If you are your neighbour plan to go ahead with any construction on or adjacent to the party wall / boundary wall, consider getting the opinion of a wall surveyor (if you have any doubts) to check that your structure will not be damaged and equally importantly that the proposed neighbours structure will not restrict you from building adjacent to the boundary on your own property in the future.

If you are concerned about works your neighbour has carried out which has caused damage, you may need to instruct a surveyor to examine the damage in order to make sure the issue is correctly remedied.