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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10585
Experience:  Barrister 17 years experience
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I would like to build a fence between myself and my neighbour

Customer Question

I would like to build a fence between myself and my neighbour (about 6ft high - and 6 ft length) in order to hide her bins from my view. I intended to build it on the inside of the dividing wall. I understood that I was within my rights to do this but she has objected on the grounds she does not want to look out her window at a fence. can you advice please? thanks
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no - the neighbour only spoke to me this morning
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: I did back down in the interest of not having a war with my neighbour. She assured me the height was a problem. But I would still like the option of going ahead but don't want to be sued. She reaches into my garden currently and cuts a shrub which she says blocks the light from her house - I intended the fence to start at the house and reach far enough to cover the bins and this shrub (approx. 6ft)
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. Hello, you can build your wall up to 6 foot high without receiving assent or approval. However, if you want to build a structure which is 6 foot high and 6 foot wide, you will need the approval of your local County Council. Accordingly, I would suggest you instead get some mature trees and make the fence between yourself and your neighbour more dense so that you no longer have to view the bins. Whilst, you have the right to erect the fence on your side of the fence, if you wish, without any reason for your neighbour to object, if the structure is above a certain height you will need approval, particularly where it would interfere with your neighbour's light. However, be aware that your neighbour can only cut your shrub back to the midpoint line of the boundary. There is not an unlimited right to cut a shrub.
Expert:  Buachaill replied 1 year ago.
2. The first line should have read, you can build your wall up to 3 foot high without receiving assent or approval. Not to 6 foot high. ABove 3 foot, you will need the assent of your local Council.
Expert:  Buachaill replied 1 year ago.
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