Council reaches agreement with man after garden wall built in wrong place

Background

A man discovered that a boundary wall at the end of his garden had been built in the wrong place. He wanted to renovate his garden but part of the garden was now in the physical possession of Kildare County Council which had purchased the neighbouring property.

Examination

He had purchased his home in 2002. At the time, the wall at the end of his garden was completely overgrown. He had cleared the overgrown hedge and discovered that the wall was in the wrong position. The Council purchased the neighbouring property in 2008 - six years after the man purchased his house. The dividing wall pre-existed the Council’s purchase of the land.

Outcome

The Ombudsman was pleased that the Council agreed to undertake remedial works and to share the cost of re-siting and rebuilding the boundary wall. This allowed the man access to his full garden.