Weekend Argus (Saturday Edition)
Handy Mac, aka Don MacAlister, is our expert on household DIY issues
wants to raise a boundary wall.
For privacy reasons I would like to increase the height of a vibracrete boundary wall which was initially erected by my neighbour. She has refused me permission to do this at my own cost and her reason is that it’s her fence and she does not approve. What are my options?
Apparently, this is one problem often taken to attorneys to resolve and there is no clearcut answer.
Possibly, before you waste time and energy, establish from your local authority what height wall you are allowed to construct in your area.
This varies around the country and getting permission for anything over 2.10m is difficult.
Your neighbour built the wall, so it is her wall, but that does not preclude you being allowed to raise the height.
My interpretation of the law is that existing walls are jointly owned by both neighbours, unless it has been recently built by one of them.
It’s best to try to find a compromise in disputes over boundary walls and fences.
In cases like this, it is best to sit down with the neighbour and see if you can find a compromise. As soon as things start going the legal route, costs mount and the parties become more antagonistic, whatever the outcome, and
ultimately nobody wins.
Another possibility is to have a land surveyor check where the wall is sitting. It might have been built on your property, which would give you more leverage, or you could erect a second wall.