Boiler flue facing our boundary

[Michaela Gray]

Thanks for all your comments but need to know lawfully what I can do but it's not cut and dried is it?

 

[^woody^]

Yes it is.

It's a trespass over your land. It's very simple

 

[it's not that hard]

I gave up heating 20 years ago,so any advice I give might not comply with regulations,I am thinking could the flue be redirected inside the kitchen,with the flue going to the left and exiting by the kitchen window and also where does your flue exit the building,can see the condensing pipe,

 

[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.

 

[geraldthehamster]

Yes it is.

It's a trespass over your land. It's very simple

If it's been there unchallenged for 20 years (which it may not have done), might it not have acquired a prescriptive easement? That is, the legal right to be there.

Cheers
Richard

 

[^woody^]

Yes it is.

It's a trespass over your land. It's very simple

If it's been there unchallenged for 20 years (which it may not have done), might it not have acquired a prescriptive easement? That is, the legal right to be there.

Cheers
Richard

I doubt that has been installed by stealth without the knowledge of the OP or previous owner

 

[kev25v6]

It looks like the actual flue is within their boundary but when it starts extracting it's then crossing into your side. It should be about 2m from a boundary. Even the fence looks to be offset from the house, add in the roofing, the line of paint and the small gravel soak away on the floor, it looks like you would be trespassing on their land if you built right up to their house. If you did build right up to their wall how would you maintain your side of the building, guttering etc?

 

[Michaela Gray]

I'm not really sure to be honest, will have to speak to builder by the looks of it to see what can be done, may have to as you say build inside but then how do they access theirs it's so tricky

 

[Michaela Gray]

Our boiler is in back bedroom so expels through the roof so no trouble to anyone

 

[freddiemercurystwin]

I give up.

 

[Michaela Gray]

Sorry Freddie

 

[geraldthehamster]

Yes it is.

It's a trespass over your land. It's very simple

If it's been there unchallenged for 20 years (which it may not have done), might it not have acquired a prescriptive easement? That is, the legal right to be there.

Cheers
Richard

I doubt that has been installed by stealth without the knowledge of the OP or previous owner

A prescriptive easement isn't acquired by stealth. It's acquired by using the space *openly* and continuously. If the flue has been there openly and continuously for 20 years, and not by permission, then the neighbour may have acquired the right for it to remain there. It's an important legal point that the OP needs to be aware of. It's not as simple as saying "it's a trespass". It may not be.

Cheers
Richard

 

[^woody^]

A prescriptive easement isn't acquired by stealth

If the subservient land owner grants permission for the use (ie knows and permits) that will be a licence, and deny the granting of an easement via prescription.

 

[Michaela Gray]

Hi guys can you please clarify what the terms mean please as have no idea what easement by prescription means or acquired by stealth.
I'm a children's nurse and these terms are going over my head
Could you please describe in simpler terms for me to understand sorry

 

[noseall]

Hi guys can you please clarify what the terms mean please as have no idea what easement by prescription means or acquired by stealth.
I'm a children's nurse and these terms are going over my head
Could you please describe in simpler terms for me to understand sorry

Woodgrain loves the big words. He's a Scrabble champ you know.

I think he's trying to say that you can't secretly gain permission for a boiler flue to discharge over someone else's boundary. An 'easement' is permission given for the use of neighbouring land or space without actually giving the borrower ownership of the land.

Disclaimer: All of the above may be incorrect. Probably.