It seems odd to me that your property extends over the next door boundary line. Maybe it is the boundary fence line that is in the wrong place because if it was between the two properties your flue would be on your side of the fence. Property deeds may hold the answer?
Neighbour requesting I move boiler vent installed pre 2002..
- Thread starter 3549950
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I really dont understand how people who would describe themselves as "reasonable" can really expect to dispose of their flue products into their neighbours gardens and expect to deprive them of their legitimate right to build an extension on what is THEIR land!
Please do the correct thing and either move or replace the boiler, its already at the end of its life span!
Doing nothing is not an option.
It might be possible to extend the flue from the existing boiler towards the back garden.
Tony
Please do the correct thing and either move or replace the boiler, its already at the end of its life span!
Doing nothing is not an option.
It might be possible to extend the flue from the existing boiler towards the back garden.
Tony
Morning 3549950
You are almost certainly committing a 'Statutory Nuisance' (see Environmental Protection Act 1990 (as amended) 79 1 (c) )
You'd be better off getting informal advice on a more law based web site (you might try gardenlaw ), and formal advice from a solictitor. At the end of the day I reckon you are going to have to shift it. If your neighbour tells the council they will make you do it anyway and non compliance will only add to your costs.
You are almost certainly committing a 'Statutory Nuisance' (see Environmental Protection Act 1990 (as amended) 79 1 (c) )
You'd be better off getting informal advice on a more law based web site (you might try gardenlaw ), and formal advice from a solictitor. At the end of the day I reckon you are going to have to shift it. If your neighbour tells the council they will make you do it anyway and non compliance will only add to your costs.
Well the FIRST thing I'd do is have a look at the Land Registry map and make sure the boundary is in the right place, just make sure the fence follows the boundary. How do I know to check this? When we were working away a neighbour erected a fence that made my garden about 15% smaller.......ructions!!! Luckily the Land Registry map was definitive. Its cheap and you can print off the maps on line.
Assuming they are correct, then you have to move or modify it, but as the neighbout is threatening legal action it might be worth speaking to your insurers as they might pay for the boiler to be moved.
As to the 28 days, I'm not sure they can hold you to that, but you have to indicate that are not ignoring them and you will take appropriate action (whatever that may be) in reasonable time.
Neighbours eh..who'd ave em
Alfredo
Assuming they are correct, then you have to move or modify it, but as the neighbout is threatening legal action it might be worth speaking to your insurers as they might pay for the boiler to be moved.
As to the 28 days, I'm not sure they can hold you to that, but you have to indicate that are not ignoring them and you will take appropriate action (whatever that may be) in reasonable time.
Neighbours eh..who'd ave em
Alfredo
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Your neighbours won't have much of point if they actually would take legal action.
Yes, the regs have been breached. No, it is not a safety issue, but a nuisance issue. They bought the house as is, which puts them in a very difficult position to take legal action, quid pro quo and that sort of thing.
No, they can not build the conservatory as long as your flue terminates there. Nobody is allowed to build anything that creates an unsafe situation that goes for RGI's as well as any builder or diy hero.
Yes, the regs have been breached. No, it is not a safety issue, but a nuisance issue. They bought the house as is, which puts them in a very difficult position to take legal action, quid pro quo and that sort of thing.
No, they can not build the conservatory as long as your flue terminates there. Nobody is allowed to build anything that creates an unsafe situation that goes for RGI's as well as any builder or diy hero.
Thanks for all the replies.
Just spoken to our old neighbours, who were lovely - and who have interestingly given me some information which was:
"You know the fence isn't where the boundary actually is don't you? Us and the people who lived in your place before just put a fence there as it was logical to do so - the boundary is actually about 2 feet the other way..."
So this could just turn into a boundary dispute- I think the response therefore 'could' be "You know that's not the actual boundary don't you?" and see what happens.
Of course, now I just need to try and find the EXACT boundary (and documentation to show this) - which is of course, a whole different and fun game!
ddm*
Just spoken to our old neighbours, who were lovely - and who have interestingly given me some information which was:
"You know the fence isn't where the boundary actually is don't you? Us and the people who lived in your place before just put a fence there as it was logical to do so - the boundary is actually about 2 feet the other way..."
So this could just turn into a boundary dispute- I think the response therefore 'could' be "You know that's not the actual boundary don't you?" and see what happens.
Of course, now I just need to try and find the EXACT boundary (and documentation to show this) - which is of course, a whole different and fun game!
ddm*
Perhaps I have mised something but is the actual fence position making your garden smaller?
If thats the case its important that you ensure that the neighbours know that and a solicitors letter might not be a bad idea.
With the benefit of hindsight you should have pointed it out to the agent when it was last sold as the occupiers will assume they have bought whats inside the fence.
Tony
If thats the case its important that you ensure that the neighbours know that and a solicitors letter might not be a bad idea.
With the benefit of hindsight you should have pointed it out to the agent when it was last sold as the occupiers will assume they have bought whats inside the fence.
Tony
Some good advice on the Gardenlaw forum, well worth a look. If they wish to erect the conservatory in line with the current boundary fence (be it in the right or wrong position), then they will need to attach the end wall of the conservatory to your property's external wall.
Simple, refuse them permission. They cannot attach anything to your wall without your agreement..... If the works are coming close to the boundary it may be possible a Party Wall Agreement (PWA) is also needed.
Simple, refuse them permission. They cannot attach anything to your wall without your agreement..... If the works are coming close to the boundary it may be possible a Party Wall Agreement (PWA) is also needed.
Those who expect title deeds to give information on exact boundary positions are usually disappointed.
Usually its just a Land Registry plan which is to a small scale and intended to be primarily for identification only.
I found a friends Registry plan showed the corner of the garden with his shed was not shown as his. All correctly fenced though. But correcting that would expect the neighbour's consent which, as a rented out property, might have taken some time.
Tony
Usually its just a Land Registry plan which is to a small scale and intended to be primarily for identification only.
I found a friends Registry plan showed the corner of the garden with his shed was not shown as his. All correctly fenced though. But correcting that would expect the neighbour's consent which, as a rented out property, might have taken some time.
Tony
It is possible that they have no intention of building and are just trying to cause grief. However, see the Party Wall Act 1996 (available on-line) which I think MAY be relevant; IANAL.
If the act does apply, then the neighbours need to serve a 'Party Structure Notice' at least 2 months before the work is due to start. You then need to either reply within 14 days agreeing to the proposed works or you are deemed to be in a dispute with your neighbours.
You and your neighbours can appoint surveyors to inspect the works. Your surveyor's expenses are paid by the neighbours. It is in both your interests to appoint an 'agreed surveyor' who acts for both parties.
Get advice on the boundary location and the work from a RICS surveyor. Beware of 'ambulance chaser' party wall surveyors who are not MRICS and are not surveyors, but will act for you 'for free'. Once you are deemed to be in a dispute, your neighbour cannot get rid of the surveyor appointed and cannot challenge their costs in the County Court.
I'd suggest you write a note to your neighbour, pointing out the doubt as to the boundary location and the requirements of the Party Wall Act. It is in both your interests to avoid a dispute, but as he will end up paying for the surveyor(s), it is mostly in his interests to resolve this amicably.
If the act does apply, then the neighbours need to serve a 'Party Structure Notice' at least 2 months before the work is due to start. You then need to either reply within 14 days agreeing to the proposed works or you are deemed to be in a dispute with your neighbours.
You and your neighbours can appoint surveyors to inspect the works. Your surveyor's expenses are paid by the neighbours. It is in both your interests to appoint an 'agreed surveyor' who acts for both parties.
Get advice on the boundary location and the work from a RICS surveyor. Beware of 'ambulance chaser' party wall surveyors who are not MRICS and are not surveyors, but will act for you 'for free'. Once you are deemed to be in a dispute, your neighbour cannot get rid of the surveyor appointed and cannot challenge their costs in the County Court.
I'd suggest you write a note to your neighbour, pointing out the doubt as to the boundary location and the requirements of the Party Wall Act. It is in both your interests to avoid a dispute, but as he will end up paying for the surveyor(s), it is mostly in his interests to resolve this amicably.
I think also the law about 'squatters rights' no longer apply. So if you have a strip of land to the side of your wall, then you should look at fencing it off to reclaim it. I doubt they will like that, but explain its your land. Once they build a conservatory on it, then it will become much harder for you to reclaim it.
It may be possible the fence was moved after the boiler was installed.
Regardless of the position of the fenceline the OP's neighbour still cannot attach anything to the OP's external wall without permission. I dont know how they intend to fix (and seal) that end of the proposed conservatory without touching the exterior of the OP's property. Any boundary changes should be subject to a legal agreement and if necessary an easement provided for such things as flue's, otherwise you are heading for a minefield such as this situation.....
Regardless of the position of the fenceline the OP's neighbour still cannot attach anything to the OP's external wall without permission. I dont know how they intend to fix (and seal) that end of the proposed conservatory without touching the exterior of the OP's property. Any boundary changes should be subject to a legal agreement and if necessary an easement provided for such things as flue's, otherwise you are heading for a minefield such as this situation.....
I've always understood,possibly incorrectly, that no flue should discharge closer than 600mm toward a neighbours boundary (now 2500mm for condensing boilers).
The old dimension was a Building Reg and the only way it could be circumvented was by developers writing in permissions or liens I think they're called into the deeds of new houses when they were sold. The regs would have been in place when the boiler was installed so it wouldn't be a retrospective reg, it would be enforcement of an existing one.
Anyway, it's wrong and in the end I believe you'll have to change it.
Not the same thing but look at these and both installed it appears after the extensions.
The old dimension was a Building Reg and the only way it could be circumvented was by developers writing in permissions or liens I think they're called into the deeds of new houses when they were sold. The regs would have been in place when the boiler was installed so it wouldn't be a retrospective reg, it would be enforcement of an existing one.
Anyway, it's wrong and in the end I believe you'll have to change it.
Not the same thing but look at these and both installed it appears after the extensions.
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