Neighbours Kitchen Vent Exits On To Our Property

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Hi all

I hope you can help / advise etc…

Currently our neighbours kitchen cooker vent exits on to our property. As the picture (hopefully) shows, it exits from his house into our garden.


Now, his property is longer than ours as it was extended (and I assume the vent installed) around 20 years ago but neither of us have lived in either property long enough to have been involved in this build. We would like to extend our property out to match the depth of his so his vent will definitely need to be moved, probably to exit out of his flat roof.

The question is, who will have to pay for this move? I assume that his vent shouldn’t exit on to our property at all so could we ask him to foot the bill? Or, if it’s been there a long time, do we have no rights to complain about it now and if it’s to be moved we have to pay for it?

We haven’t had any party wall surveys or agreements done yet so I would expect this issue to be covered in those documents. I just want to get some of your opinions on this first.

All help appreciated!

Thanks
 
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assuming the wall is exactly on the boundary the extractor cover is trespassing this assumes there is nothing in the deeds to cover it
 
I think the laws governing this type of infringement fall under "Statutory Nuisance".
 
It seems to me that there is no right to discharge an extract fan as it does so no reason why you can't build in front of it. (It would be a lot more tricky with a flue) I do think you should tell them that their extract will be blocked but doubt that you have any responsibility to pay for the change. It would be reasonable to give the neighbour time to get it changed and sealed up but that is all.

Well that is one way of looking at it but the first thing is to go and have a chat and diplomatically as you can explain that it would be best if he can get it moved while there is access.

All the party wall act stuff stands on its own merits but if push comes to shove it might be a lot cheaper to pay for getting it done than all the surveyor fees etc. you could end up paying for if he puts every hurdle in your way including starting a legal exchange. So I would consider a mutual deal on the party wall agreement may be the best way forward.
 
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I've invited the neighbour round for a cuppa on Sunday so we can chat about it.

Unfortunately the guy is a solicitor so his first response upon hearing about the extension was about appointing party wall surveyors etc... So we're resigned to having to pay for that ourselves. It would just be nice if we didn't have the added expense of moving his dodgy vent.
 
<snipped>Unfortunately the guy is a solicitor so his first response upon hearing about the extension was about appointing party wall surveyors etc... So we're resigned to having to pay for that ourselves. It would just be nice if we didn't have the added expense of moving his dodgy vent.
How unfortunate! - please do explain that it is not a requirement (for surveyors) unless he insists on it. After that it is still a question of how expensive an exchange could get, and can you bite the bullet and take on a smaller cost in the bigger picture!
 
In this instance given the length of time the arrangement has existed, and the fact that neither of you were occupiers at the time it was installed, I would offer to relocate at your cost as part of your extension build. The cost will be an insignificant part of your build costs (not even worth itemising). With something like an extension you will need your neighbour on board so should do what you can to preserve good relations.
 
O Boy,

Am I ever happy that I do not from day to day have this "tangle" to deal with?

Having said that if I get an English Insurance claim I detest this "Act" and its implications

I am at a loss as to understand how "English Legislation" has got itself into this? The "Party Wall" "thing" appears to me to be a licence to print money for the "Party wall Surveyor" ? who is appointed to look out for the wall, not the parties?

As for this post, I do not think that a Local Authority in Scotland would "allow" a discharge of a vent on to someone else's property? unless it was within the "boundary" and ducted vertically?

Who dreamed up this "Party Wall" STUFF?

A question? in all honesty is this "Party Wall" legislation actually "Working" or is it just a money spinner for "PARTY WALL SURVEYORS" AND a real pain? such as the "what is with" the 3 and 6 Meter notice?
 

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