Paint on fence has seeped through to our sideLast week my mother's neighbour erected a fence in the back garden replacing an old fence that divided the gardens.
In fairness, the old fence was broken in parts and he has a dog so a new one was needed. However the new one is very high. He painted his side of it - and a lot of the green paint has seeped through the lattice to my mother's side so it looks very unsightly. My mother is reluctant to say anything but is he allowed do this?
As ancient as the old fence was, your mother and your neighbour owned it jointly so he should have sought her permission before touching it. But, as it is neighbours that are involved and the fence needed replacing, you should try to set this aside in your own mind for a while. Generally speaking, fencing in back gardens can be up to two metres high - any higher and he would have needed planning permission. Two metres can seem high, particularly if it is replacing something much lower, but it's likely that your mother will get used to it and come to enjoy the privacy that such a fence affords. The painting, however, sounds horrible and it could be that he doesn't realise that some of it has seeped through. Try to keep your tone neighbourly and invite him into your mother's garden to see the mess.
He may offer to paint your mother's side - the same green as his - you have some ammunition as he didn't ask permission to touch the fence in the first place and, as he has a dog, he really needs the fence more than you do. It's a good time to head to the garden centre to seek advice on the many and various climbers that would cover the fence and add to your mothers enjoyment of her garden.
Do I face CGT on off-plans buy I want to sell?
As a first-time buyer I bought a two-bed apartment off the plans almost two years ago in Westmeath for €220,000. It is not yet completed and I have not yet drawn down the mortgage but I want to sell it straight away so I can buy a property in Dublin which I intend to make my primary residence. Will I have to pay capital gains tax on the property in Westmeath if I sell straight away and, if I don't, how long will I have to live in it for to avoid CGT?
We put your query to the Revenue and its response was that, if you sell the apartment straight away, the full gain arising will be chargeable to capital gains tax. The first €1,270 of annual gains is exempt and the balance is taxable at 20 per cent. It is not possible to provide guidance on the duration of the period of occupation. While each case depends on its own facts, a dwelling-house would not be regarded as an individual's residence or home where the occupation is on a purely temporary basis. The exemption would not be granted for a period of nominal occupation. The Revenue could only comment on the bare details you supplied, so you should contact your local Revenue office or a tax advisor to seek more direct advice of foot of all your details.
Send your queries to Property Questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie. Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.
