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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I have started a concrete fence on the boundary between myself

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I have started a concrete fence on the boundary between myself and my neighbour the agreement was verbaly made 2 years ago. As my neighbour has been helping her children through college she said she could not afford to contribute I said I would pay for it as we are not going to build the permenant structure the full way of the boundary only from the back of the sites to the front corner of her garage on her property on the boundary. I also suggested that she could put in the concrete posts when we were putting the ones on our side and put whatever she wanted in when she could afford it and we would take care of the rest( labour foundations etc). ones again I was told she could not afford it. We started the fence while she was away in America and when she returned she said that she agreed to the concrete structure only if it was on our said of the temperary fence and contends that she had said this all along whenever we discussed it she also has said that she feels violated and her security has been breached and that she also feels like she has been burgaled and that the type of structure we are putting in place is hidious and you wouldn't put it in a graveyard. She demanded the parcial new concrete fence be taken down and her temperary fence put back in place in 2 week as it went up in 2 weeks it can be taken down in 2 week. work is now at a standstill and I am looking for advice. I have an engineer coming to verify the boundary and make sure all is correct with the boundary. If this is all correct what can I do to get the project moving again? Can she say to us we are not allowed to remove the temperory fence? Can she demand we remove the new structure and replace the fence in its original position? Can she stop further construction?

She can't interfere with any construction on your side of the boundary once it is planning compliant but she can certainly stop any construction on her side of the boundary. You have no written agreement in place in relation to this action matter and under Section 51 of Land & Conveyancing Reform Act 2009 such agreement in relation to interests in land must be in writing to be enforceable
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Customer: replied 4 years ago.