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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10174
Experience:  Barrister 17 years experience
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As the owner of a dry stone wall boundary can i assume a right

Customer Question

As the owner of a dry stone wall boundary can i assume a right of access a) to the other side for maintenance and b) to the limit of the foundations? That is to say, is the actual boundary deemed to be the outer face of the wall or edge of the foundations of the wall?
Submitted: 1 year ago.
Category: Property Law
Expert:  Buachaill replied 1 year ago.
1. At the outset, the boundary is the midpoint line of the stone wall. Both you and your neighbour are deemed to own up to this midpoint line. Secondly, there is no assumed right of access to the other side of the will. YOu will need to serve a notice under the Access to Neighbouring Land Act, 1992, to enter onto your neighbour's land to carry out works on his side of the fence. This is because the stone wall is a permanent structure. In your notice you essentially seek permission to enter on his land to carry out maintenance or renewal works and set out the details of what you propose to do. In carrying out works, you may dig to the limit of the foundations. However, your neighbour must consent to this.
Customer: replied 1 year ago.
Thanks for that but the wall is mine as annotated on the 'deeds' with the letter "T". It is deemed to be on my property. Can my neighbour refuse me access for maintenance unreasonably? Would you agree that the boundary is the face of the wall on which case may I fix a fence to the face of the wall on the neighbours side
Expert:  Buachaill replied 1 year ago.
2. If the wall is yours the position is different!! Here the boundary is on the far side of the wall as the wall is on your property. Here, your neighbour cannot refuse you access for maintenance. However, you cannot affix a fence to the face of the wall on your neighbour's side as you don't own this piece of land. You only own up to the end of the wall.
Customer: replied 1 year ago.
Where the footings of the wall extend say, eight inches beyond the face of the wall, can the boundary not be deemed to be the edge of the footing rather than the face of the wall?
Expert:  Buachaill replied 1 year ago.
3. Yes, the boundary can extend to the edge of the footings as this is the edge of the "wall". Essentially, a landowner owns the air above where the line of the boundary runs. So here that would be over the footings.
Customer: replied 1 year ago.

Good afternoon, You have given me advice piecemeal. I am meeting shortly with my neighbour and would greatly appreciate it if you could give me a comprehensive advice incorporating those pieces which were positive. I have drafted the advice from your previous advices. THUS If the wall is yours, the boundary is on the far side of the wall as the wall is on your property. Here your neighbour cannot refuse you access for maintenance. The boundary is deemed to extend to the outer edge of the footings as this is the edge of the "wall". A landowner owns the air above the boundary which here would be over the footings. Thus anything located between the face of the wall and the outer edge of the footings will belong to the landowner and be within the boundary of his property. This or something very similar would be most helpful. Many thanks PETER *****

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