I live in a small infill development of recently built detached houses on a compact site.
One afternoon, my neighbour casually approached me and stated that he was going to install three air-conditioning units on the walls outside their bedrooms on the upper floor, and that one of the units would be facing my house on the gable end of their house. Initially, I thought only of the need to move my car so that workmen could erect ladders to attach the unit to their wall because they would be on my property.
However, on reflection, I do not want this air-conditioning unit directly facing my bedroom window and positioned so as to be overhanging and encroaching on my land. I have the following concerns:
- It will emit noise at night when I am trying to sleep;
- I will have to look at an ugly piece of machinery;
- Water will emanate from it, encouraging weed growth;
- Ongoing servicing of the unit will necessitate workmen to be on my property with their equipment;
- It could release harmful gases as it ages;
- It will become more of an eyesore as it ages and rusts.
Unfortunately, that section of my property is not cordoned off. I have informed my neighbours by email that I do not want an air-conditioning unit overhanging and encroaching on my property. However, if my neighbours ignore my wishes and proceed anyway, is there any course of action open to me?
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You are right to reflect on your neighbour’s proposal and you should think carefully about its implications. Based on what you have outlined, you should not permit the air-conditioning unit to be installed as proposed.
The most problematic aspect you refer to is the encroachment on your property. Any such encroachment across the boundary line, be it a roof overhang or a fixture such as an air conditioning unit, is likely to create an easement in favour of the neighbour who owns or uses it. An easement is a legal right to use the portion of your property concerned.
Even if there is no formal written agreement, or if it is not registered, it is likely to gain legal status as an “easement by prescription”, especially if you appear to have accepted it and if it exists for several years. Any easement over your property is likely to be raised as a query if you are selling it, and is likely to be a concern and a disincentive to a prospective purchaser.
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The only way to avoid having an easement created on your property and to avoid the problematic, stressful and possibly costly outcome of dealing with potential issues if the unit is installed as proposed, is to explain the implications to your neighbour and refuse to agree to the installation.
The remaining issues you refer to, while legitimate concerns, are more difficult to quantify and will be difficult for you to deal with if your neighbour ignores you and installs the unit.
Attachments to buildings, including aerials, TV dishes and air-conditioning units are exempt from planning permission, provided that features such as their sizes, heights, locations or proximities to boundaries are within certain limits. It is advisable to consult your local authority’s planning department, outline the relevant details and check whether planning permission in this case is necessary.
You should clarify whether the air-con unit should be located one metre or more from your boundary, as is the requirement for some such installations. There is the option, under Section 5 of the Planning and Development Act 2000, to seek formal clarification from your local authority on whether planning permission is needed for development proposals. The fee for this clarification is €80.
If your neighbour ignores your wishes, your best course of action is to make a complaint to the planning department if your prior consultation indicates that permission may be necessary
— Patrick Shine
However, you would need to provide the local authority’s planning department with more factual details and relevant measurements. Therefore, as suggested, you should first visit your local authority planning department for consultation.
If your neighbour ignores your wishes, your best course of action is to make a complaint to the planning department if your prior consultation indicates that permission may be necessary.
You should also consult your solicitor, who will advise on actions that can be taken under nuisance regulations and in relation to preventing an encroachment. While this issue is likely to strain neighbourly relations, I believe that dealing with it at the outset through firm refusal, followed by the above actions, if necessary, will be less damaging than a dispute that is likely to continue indefinitely if the unit is installed.
Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of Society of Chartered Surveyors Ireland
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