Partition Wall Problem

[Pandali]

Hi,

The neighbour directly across the back from me has installed a fence on the dividing wall between the properties, the wall itself is over 2 metres high on my side, lower on his as his property sits at a higher elevation than mine. It will cast a longer shadow into my pool area in winter months as it's south facing and will obviously restrict our use and more than probably affect the pool temperature. I know that there has been no permissions asked for or given by the community.

Has anyone had to deal with this sort of problem before? Looking for a best path forward.

Thanks.

[Captain Sensible]

You need to call the local Police who will come and check out the situation and find out if permission is necessary or has been granted.

[Davew]

The maximum height of a dividing wall is 1.2 metres from the lowest point, although the pillars can be higher. You can put decorative bricks/screening above this height as long as they are not solid. A couple of years ago I had one built the was 1.5 metres in parts and as my neighbour who was not affected by it complained to the Police and it had to be lowered. As the law was involved my builder had to submit architect plans to the town hall for approval at additional cost.
So yes if it bothers you raise it with the town hall.

[Pandali]

Davew and Captain Sensible, thanks for that, better than taking the law into my own hands!

[Si Tie]

Hi Would it not be a better idea to speak to your neighbours before you call the Police?
If you don’t think you can and are on a community then maybe someone in charge could speak 
On your behalf. Good luck

[Sam]

Welcome to the forum Pandali!

... I know that there has been no permissions asked for or given by the community...

If there's no permission, sending an email to the community president and/or managing agent should be enough to get the wall down. If that doesn't sort the issue out, suggested local Police is the way to go.

[Pandali]

Hi Would it not be a better idea to speak to your neighbours before you call the police?
If you don’t think you can and are on a community then maybe someone in charge could speak 
On your behalf. Good luck

I did speak to him, he told me he firstly intended building a wall and I told him that he would be blocking sun into my garden. His response was to wait till I left to go to home and then build the fence when the property wasn't occupied. I've asked the president, (he did have a word with the neighbour) and the assessoria but to be honest the community is too far gone with all the illegal building activities that have went on previously to get a favourable reaction. I even sent him a Whats App message asking him to take it down only to get a reply that he should have built it in brick rather than the fence! It's going to get interesting that's for sure. Again thanks for all the responses, much appreciated.

[Si Tie]

Hi Pandali,

You have been more than reasonable.  Just get the Police involved

[Davew]

I agree if you complain to the Police they will stop work immediately and threaten him with a large fine. He will need to get a plan that meets the legal requirements signed off at the town hall before work can resume.

[Pandali]

I agree if you complain to the police they will stop work immediately and threaten him with a large fine. He will need to get a plan that meets the legal requirements signed off at the town hall before work can resume.

Too late I'm afraid Dave, it's already erected.