Boiler flue facing our boundary

[Michaela Gray]

Hi we just purchasing a house and wish to put up a single storey extension but my neighbours boiler flue will stop this happening. It faces out onto our garden. Can any one advise on how we go about moving forward please also do we have the right to ask them to move it legally?

 

[Michaela Gray]

 

[^woody^]

That seems to be a retrospective installation, and as such would not have any implied easement to project across the boundary. It is therefore a tresspass, and you can insist that they remove it.

Thats the legal situation, but in practice it can be awkward to get the neighbour to comply. Whether you can offer to contribute to costs is something to consider, and could prevent you both falling out.

 

[Michaela Gray]

Thank you, my husband has now offered to pay for the bits to move it but we would like them to pay for labour, the husband appears to be ok with this but not sure how the wife will be when it means her kitchen tiles or cupboards will be affected
Do you know how long we should give them to sort things out? We have applied for planning.

 

[Nakajo]

Well it would be nice if they could sort it out in the next 3 months, wouldn't it?

 

[Michaela Gray]

I suppose it will link in with the planning I suppose, I just don't want to fall out with them
We wanted the extension longer but took into consideration her wishes for not coming past theirs for sunlight etc

 

[^woody^]

Give them a date when it needs to to be removed by. After that date, you might incur charges from your builder and you might have to pass them on to him.

Just remind in a nice way that it is their flue which is there unlawfully, and it's their fault that the tiles might be affected, and you are actually doing them a favour.

 

[Michaela Gray]

Thanks for your reply, I'm not sure if it was there when they moved in or not and I can understand if they are reluctant, but I'm hoping they will understand our view point. So legally it's not right? Even if it has been in years?

 

[kev25v6]

Is it within the over hang of their guttering? It's possible it might be just within their boundary and a flume divertor kit to direct it upwards might cover them.

 

[^woody^]

The gutter overhang is irrelevant if the wall is the boundary.

 

[chappers]

Is it within the over hang of their guttering? It's possible it might be just within their boundary and a flume divertor kit to direct it upwards might cover them.

But as soon as they build their extension, it will become non compliant as access for inspection and maintenance will be cut off

 

[kev25v6]

The paint on the back wall seems to show the boundary as being on the outer edge of the over hanging guttering. Looks like there maybe 6" or so that belongs to the neighbour even if it's inaccessible.

 

[freddiemercurystwin]

It is possible the boundary is away from the wall, the OP needs to check. Also, some boilers do not lend themselves to having a vertical chimney so that needs to be investigated too before it is taken for granted that the outlet can simply be diverted.

 

[kev25v6]

I'd be very careful about demanding the removal as you are going to need their cooperation if you need to dig your foundations next to their wall.

 

[Michaela Gray]

Hi all I'm very aware not to upset them as I like them but not sure what is right and wrong
The wall was repainted this year by them and the bit on the back wall so I don't know who owns what yet? I'm getting conflicting things and don't know which way to turn so I have left a message with the council planning office to get to me. Hopefully they will.