Q I have been renting an apartment to the previous five decades.
I’ve enjoyed living in this apartment since I moved and there have been quite few maintenance issues in this time period.
The flat hasn’t suffered from damp or moisture.
However, lately, I’ve noticed that a part of the wooden floor has started to grow up at the seam between the boards, making an irregular surface. Can you explain to me why this is occurring as it is getting more noticeable and I would be thankful if you could offer some solutions.
A You have not said whether the flat is at floor or upper level that might well have a bearing on the issue. There are a range of things to consider — leaking pipes pipes from heating, water supply and wastes pipes as well as dampness from an outside source such as elevated ground levels or drainage problems. I note it is a current problem which you’ve had no signs of any preceding problems with dampness, however it’s important to inspect all possible resources.
I assume the hardwood flooring is natural timber instead of factory made laminate floors.
Your description of this plank distortion at the seam appears to be what is called”cupping”. Cupping is described as planks using their edges either lower or higher than the centre of the board. It is a frequent complaint that develops with high humidity.
Heat in a specific location or a very dry environment above the floor may lead to cupping.
A small amount of cupping can even occur in certain locations within a house, for example where the flooring is exposed to sunlight.
In winter, when homes are heated and the atmosphere is dry, wood flooring gives up some of its moisture and therefore shrinks. This seasonal movement is a standard characteristic of timber flooring, sometimes it’s evident but it never stops, whatever the age of wood.
Most forms of wood distortion are driven by fluctuations in moisture content of the wood.
Assuming it’s a humidity problem, then try and control the room temperature and avoid high levels of heating, air conditioning, etc.. The timber should settle back to its initial form, otherwise I would seek guidance.
QRegrettably we have recently been denied retention planning permission on a renovation into our holiday house by which the planner has stipulated we must erect a 1.8m-high screened fencing (ie with frosted glass or other blocked substance ) in front of our house so as to guard our neighbour’s conveniences, as we now devalue his property. In other words, when we’re out we can’t overlook him when he is outdoors. Our other adjoining neighbor has a balcony which overlooks us but that wasn’t created as a stipulation of his preparation. We also had full planning for a four-bed home with an upper and lower balcony so that it appears crazy that this has now been retrospectively applied as a condition.
In summary, at the time of this renovation we built a 1.8m-high glass frosted screen to both sides of our house as agreed with our neighbor in a seen verbal agreement to provide maximum privacy to both parties.
Before the renovation took place we had the ability to completely overlook each other.
Our residence is at a higher elevation than our neighbour so it’s impossible to prevent this problem. Other homes in the evolution, who have never been required to conform to this stipulation and who are also elevated to their neighbor have just put a 1.2m glass clear fence to the front of and sides of their residence s.
Erecting the 1.8m screen will block our opinion (which I believe is not a valid reason); will seriously compromise the look and feel of this evolution, and also be an eyesore in among Ireland’s top picturesque areas. Any assistance or guidance on the best way best to appeal would be much appreciated.
APlanning is a complex area and to completely answer this question,
a variety of issues require caution. What exactly is the nature of the renovation and just how does this advancement differ from your initial planning permission? It must be noted that the state requiring a 1.8m screen to the front of your house is not a retrospective condition to the initial permission. It is a state attached to what’s now essentially a new planning program, albeit intending retention.
Therefore, LPA is entitled to attach conditions to it, however unfair it might look. The renovations might have triggered something which currently warrants the 1.8m viewing.
Review the growth plan for the area to see whether there are any policies/ criteria on neighbouring solitude or screening.
Development programs are generally updated every five years.
2. Some acquaintances have 1.2m screening, but you want to check whether this is a condition characterized by the LPA or, indeed, if these screens even formed a part of the planning permissions;
3. Can you demonstrate your renovations don’t materially change the character and level of privacy between you and your neighbor?
4. Does your neighbour are having issues with the new renovations?
If not, this could strengthen your argument.
In summary, this case highlights the benefits of having pre-planning consultations using the LPA. Additionally, it demonstrates the risks of retrospective planning. There are no guarantees in regards to planning retention and one is, to some degree, at the mercy of the planning authority.
House using a debt
Q My parents are wanting to purchase a house.
Recently, they spotted they enjoyed which is situated not far from where I now live. After making some initial enquiries, it seems the home includes a ruling mortgage against it.
Can you describe what a ruling mortgage is and the procedure involved in buying a house with a judgment mortgage against it?
Is it likely to be much more complex and protracted process than buying a house without a ruling mortgage against it?
AA judgment mortgage is a mechanism to attempt to recover an unpaid debt also appears when a person or company who are owed an unpaid debt by the registered creditors (s) of a specific property use to the courts and are awarded a judgment mortgage.
The decision lasts for up to 12 decades and will remain a burden on the property until it’s discharged. The application to the numerous courts will be determined by the amount of money involved. An applicant for a judgment mortgage can seek to enforce a sale of the property and recover their unpaid debt from the proceeds of the sale.
The sale of this property may in fact arise from such an application or might be a consensual sale from the owners. In any case, the ruling mortgage or really a bank mortgage will need to be discharged in the proceeds of the sale before the title can be conveyed.
An attorney acting on behalf of a purchaser will ensure that all such things are fully dealt with prior to completing the sale to make sure their client gets a fantastic marketable title to the property free of any burdens. Basically, therefore, this is a matter for the property owner(s), their debtor and respective solicitors to deal with.
Just like any purchase of a property, whenever there’s a larger number of stakeholders, this raises the prospects of delays in getting the sale finished.
A sale with a judgment mortgage attached is more complicated than a sale with no one.
But, there’s an established process to have such issues dealt with and most solicitors handling property transactions will be familiar with this.
I’d suggest, if your parents decide to pursue this property they seek to appoint a solicitor early on who will review the title of their house and advise them just of the consequences of the judgment mortgage and how much time it might take to complete a sale of their property.
Gerard O’Toole is a member of the Society of Chartered Surveyors Ireland(SCSI)
Review the development plan for the area to find out whether there are some policies/ criteria on neighbouring solitude or screening. Development plans are generally updated every five years.
2. Some acquaintances have 1.2m screening, but you want to check if this is a condition stipulated by the LPA or, indeed, if these displays even formed a part of the planning permissions;
3. Can you demonstrate your renovations do not materially alter the nature and degree of privacy between you and your neighbour? 4. If not, this would strengthen your argument.
In summary, this case highlights the benefits of having pre-planning consultations using the LPA. It also demonstrates the risks of retrospective planning.
There are no guarantees in regards to planning one is, to some degree, at the mercy of the planning authority. Andrew O’Gorman is a member of this SCSI Planning and Development Surveying Professional Group.
House with a debt
Recently, they spotted they enjoyed which is situated not far from where I now reside.
After making some initial enquiries, it appears the house includes a judgment mortgage from it. Can you explain what a ruling mortgage is and also the procedure involved in buying a house with a judgment mortgage against it?
Is it going to become much more complex and lengthy process than purchasing a home without a judgment mortgage against it?
AA judgment mortgage is a mechanism to try and recoup an unpaid debt and appears when a person or company who are owed an unpaid debt by the registered creditors (s) of a particular property apply to the courts and are awarded a judgment mortgage.
The decision lasts for up to 12 years and will continue being a burden on the house until it is discharged. The application to the numerous courts will be determined by the sum of money involved. An applicant for a ruling mortgage may want to enforce a sale of the property and recoup their unpaid debt from the proceeds of the sale.
The sale of the property may in fact arise from this kind of application or may be a real estate sale by the owners. In any event, the ruling mortgage or really a bank mortgage might need to be discharged from the proceeds of the sale before the title can be conveyed.
An attorney acting on behalf of a purchaser will ensure that all such things are fully dealt with prior to completing the purchase to ensure their client receives a good marketable title to the property free of any burdens. Basically, therefore, this is an issue for the house owner(s), their debtor and respective solicitors to deal with.
Just like any sale of a property, when there is a larger variety of stakeholders, this increases the prospects of delays in having the sale finished.
A sale with a ruling mortgage attached is therefore more complex than a sale with no one. But, there is an established procedure to have such issues dealt with and most solicitors handling property transactions will be familiar with this.
I would suggest, should your parents decide to pursue this house they attempt to appoint a solicitor early on who can review the name of the house and advise them just of the implications of the judgment mortgage and how long it might take to complete a sale of their house.