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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Hi I erected the new fence, not on the boundary line, I noticed

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Hi I erected the new fence, not on the boundary line, I noticed that the neighbours have hung hanging baskets on the posts and have planted shrubs that will grow up the back of the fence, i purposely did not plan anything on my side as I do not want anything growing up the fence. They also cut a panel of fencing that previouly up and that i had covered over with a new panel to allow then access to a window at the back of their garage. They have not asked permission to do any of this. They are under the impression that they can do anything they want as the land is theirs. I am trying to be as amicable as I can be, but i do not want anything growing on the fence as this may rot it in a few years. Any advice I would be grateful. Thank You
1. I regret to say that you have a mistaken view of the law. A landowner such as your neighbour can do what they want with their land. In law a landowner is "king of the castle" and can do what they want with their own land, including growing plants and shrubs there. In law, this permits your neighbour to grow a plant which climbs onto the fence, so long as the plant is growing in their land. Accordingly, I regret to say that your wishes that there be no plants growing onto the fence is not backed up by your legal rights. Your neighbour has the right to do what they want with their land.
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Customer: replied 4 years ago.

When I say not on the boundary, what i mean is that the fence is on my property side, does that make a difference and also the fence they cut down was on my side, not theirs.


 


I stayed away from the boundary fence trying to be nice about it.


 


Thank You

2. I do realise that the fence is on your side of the boundary. But that does not prevent the neighbour from doing what they want with their land on their side of the fence. This includes growing plants if they so wish which grow against the fence. Additionally where there is a boundary which affects the light touching a window on their side, they are entitled to take remedial action in relation to it. You need to realise that once there is a boundary fence erected, then both parties can do what they want with their land on either side and safeguard their own rights.
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