Boiler Flue protrudes onto our property.

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stabbomanni
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Joined: Wed Jul 25, 2012 5:23 pm

Boiler Flue protrudes onto our property.

Post by stabbomanni » Thu Jun 19, 2014 9:14 am

Hi,
I would be very grateful if anyone could help me.

My neighbour has a 2 story extension built right up to the our boundary (next door). Our driveway down the side of our house is the space which separates our houses.
After a little research I found they had planning permission for this extension granted in 1978.
They have a boiler flue which comes through their extension wall and protrudes slightly onto our side. The flue is approx. 12ft up from our side (their house is higher than ours due to living on a hill).

I am planning on constructing a cantilever style car port to the side of my house. However if I do this the neighbour will not be able to access the flue for inspection purposes as it will be above the car port. This came to light recently when a gas engineer asked us for access to our side to inspect the flue.

The neighbour in question is particularly difficult to get on with so I doubt a polite request to move it would have any effect.
I am sure the flue shouldn't be where it is as the end cover part of it is effectively on our side (all be it screwed to their wall).

Am I within my rights just to construct the car port anyway?
I don't see as it's my problem, however I don't want any battles next time their engineer comes to inspect the flue.

Thanks in advance.

Ian

robj191269
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Re: Boiler Flue protrudes onto our property.

Post by robj191269 » Thu Jun 19, 2014 10:38 am

If it were me I'd speak to the neighbour and tell them of your plans and let them know that you are giving them plenty of time to resite their flue if they so wish before you build.

BUT

Once the car port is up, if the flue is still in situ and the neighbour needs to inspect the flue then it will become very costly for him - he'll have to hire a cherry picker or pay for your car port to be professionally dismantled and erected again.....

MacadamB53
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Re: Boiler Flue protrudes onto our property.

Post by MacadamB53 » Thu Jun 19, 2014 11:35 am

Hi stabbomanni,

if a flue has been in situ for +20yrs then his property has acquired a legal right to overhang a flue onto your property in that location.

with such a right comes the ancillary right to maintain.

your carport must not interfere with these rights - I'm sure this is possible.

Kind regards, Mac

Lilac Frost
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Re: Boiler Flue protrudes onto our property.

Post by Lilac Frost » Thu Jun 19, 2014 2:41 pm

This flue that comes onto your property does any foul air enter any part of your building because if it does surely it is wrong under the health and safety rules? If the answer is yes then they would have to move it in any case.

ukmicky
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Re: Boiler Flue protrudes onto our property.

Post by ukmicky » Thu Jun 19, 2014 8:56 pm

MacadamB53 wrote:Hi stabbomanni,

if a flue has been in situ for +20yrs then his property has acquired a legal right to overhang a flue onto your property in that location.

with such a right comes the ancillary right to maintain.

your carport must not interfere with these rights - I'm sure this is possible.

Kind regards, Mac


That is correct if it has been there 20 years however that does not mean that any inspection must be from directly underneath,


If they want to gain direct access to it then they will need to erect scafolding to bridge over the top of the carport.
Any information provided is not legal advice and you are advised to gain a professional opinion

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