Expired

Any advice regarding property law please?

15
Found 28th Oct 2013
If there are any of you versed in private property law, advice as to where I stand would be most appreciated.

My neighbour has been refitting their kitchen recently and has been driving me crazy with all the noise. As I'm not the grumpy sort, you turn a deaf ear (so to speak) because you know it won't go on forever. It's all been inside their house anyway so it's none of my business what they do - apart from today when two rough-shod looking lads have started drilling outside and removed brickwork etc. to fit some sort of extractor or vent system. Now, we live in adjoining properties on the end of a terrace - both of which we privately own. The vent/duct is right in the middle of the wall - central to our two kitchen windows but my question is this:

Should my neighbour not have obtained MY permission to drill/excavate/remove the brickwork etc on MY HALF of the wall? Don't get me wrong - I'm not kicking off. It's just that; knowing my neighbour; these guys will either be relatives or mates doing a favour on the cheap and therefore might not have any public liability insurance if they do a bad/dodgy job. And from what I can see/hear it's not shaping up well. When you have to stand on a wheely-bin whilst you are hammer drilling through a wall - you sure as heck aren't a clever or savvy builder!

I really wouldn't know what to do as I've never been in this situation before. I know when it comes to gardens and their encroachment on a neighbour's property, you have the right to remove debris and place it on their land rather than remove it - but this is unchartered territory for me. Any ideas? I didn't mention earlier but my neighbours are of foreign decent. We have had a good relationship so far but with them being greek or turkish, conversation can be interesting!

Any advice would be greatly recieved. I don't want to fall out with them but I do feel a little annoyed that their latest "rennovation" wasn't discussed with me to make sure I was ok with it. Perhaps they don't realise they have any obligation to do so?

Thanks in advance if you read the essay above. Best regards to all.

Phsy.
Community Updates
Ask
15 Comments
If they are removing brickwork from your half of the wall then yes they NEED your permission before doing so. If in doubt go to a solicitor and have a free 20 minute consultation with the to get their advise. But as for as moving bricks from your side of the wall YOUR PROPERTY, they MUST have your permission first. Hope this helps.:)
CARMEN136

If they are removing brickwork from your half of the wall then yes they … If they are removing brickwork from your half of the wall then yes they NEED your permission before doing so. If in doubt go to a solicitor and have a free 20 minute consultation with the to get their advise. But as for as moving bricks from your side of the wall YOUR PROPERTY, they MUST have your permission first. Hope this helps.:)



Thanks CARMEN136. I kind've thought it must be a requirement as you are effectively altering someone else's property. I am certain I would've said "no problem" if they'd asked, so maybe I'm bleating for nothing, really. It just niggles me that they didn't have the courtesy to come round and say "We are going to do......is that ok?" There is room for them to have kept it on their side of the wall. I guess it may have been that they thought it would look odd if they didn't mount the vent centrally...
Doesn't seem to make sense to me. If he is venting something from inside his house to the outside how does that involve brickwork on your house?
GAVINLEWISHUKD

Doesn't seem to make sense to me. If he is venting something from inside … Doesn't seem to make sense to me. If he is venting something from inside his house to the outside how does that involve brickwork on your house?



Huh? I'm not a builder but how else would you put a vent in a wall without removing the bricks? If you mean why does it 'specifically' encroach on MY property - The removed bricks are down the MIDDLE of the wall - between our two properties - accessing the wall cavity, I guess. Therefore they have removed brickwork from their side, and mine - if that makes sense.
Phsycronix

Huh? I'm not a builder but how else would you put a vent in a wall … Huh? I'm not a builder but how else would you put a vent in a wall without removing the bricks? If you mean why does it 'specifically' encroach on MY property - The removed bricks are down the MIDDLE of the wall - between our two properties - accessing the wall cavity, I guess. Therefore they have removed brickwork from their side, and mine - if that makes sense.



So are you saying he is venting through the 'party' wall into your house? oO

Might be worth ringing the building control guy at your local council and seeing if they can offer any advice?
Ummm - is this any better to explain:

http://i1354.photobucket.com/albums/q700/Phsylamb/Brick_wall_zps8328b7f7.jpg

I'm wondering if they have a vent pipe running from something somewhere in the kitchen, through the partition/wall cavity and out to the exterior wall of our adjoining properties.
Phsycronix

Ummm - is this any better to explain:I'm wondering if they have a vent … Ummm - is this any better to explain:I'm wondering if they have a vent pipe running from something somewhere in the kitchen, through the partition/wall cavity and out to the exterior wall of our adjoining properties.



Oh ok I understand now. Yes would guess they have fed a pipe between the cavity as you say.

To answer your question yes they should have legally asked for your permission. Technically you could report him for criminal damage.
GAVINLEWISHUKD

Oh ok I understand now. Yes would guess they have fed a pipe between the … Oh ok I understand now. Yes would guess they have fed a pipe between the cavity as you say. To answer your question yes they should have legally asked for your permission. Technically you could report him for criminal damage.



Glad the diagram helped. It's hard to explain in just words sometimes. Thanks for your input. I think I'll bide my time, see what sort of job they make of it and decide if it's worth kicking the hornets nest! I'd never go down the criminal damage route - peace and harmony are worth more than bricks, to me. It was more the 'moral' side to me. I'd never dream of playing around with someone else's property without prior permission.

Sometimes though, neighbourly help can get stretched. I cut a small hedge that borders my property and that of another neighbour. First time I did it, I caught my neighbour coming out of his house so; as a courtesy; I called out "Would you mind if I just carried on and did the whole thing?" Expecting a polite "Oh, yes please - if you wouldn't mind" - instead I got "Knock yourself out, do a good job though" and he walked off! To this day, he's never once offered to do it (or just done it) himself and has never said thanks either.

It can be really tough at times to be the 'bigger' person...:(
Phsycronix

Glad the diagram helped. It's hard to explain in just words sometimes. … Glad the diagram helped. It's hard to explain in just words sometimes. Thanks for your input. I think I'll bide my time, see what sort of job they make of it and decide if it's worth kicking the hornets nest! I'd never go down the criminal damage route - peace and harmony are worth more than bricks, to me. It was more the 'moral' side to me. I'd never dream of playing around with someone else's property without prior permission.Sometimes though, neighbourly help can get stretched. I cut a small hedge that borders my property and that of another neighbour. First time I did it, I caught my neighbour coming out of his house so; as a courtesy; I called out "Would you mind if I just carried on and did the whole thing?" Expecting a polite "Oh, yes please - if you wouldn't mind" - instead I got "Knock yourself out, do a good job though" and he walked off! To this day, he's never once offered to do it (or just done it) himself and has never said thanks either.It can be really tough at times to be the 'bigger' person...:(



Sadly we all can't live next to people like you.
If that diagram is to scale I hope it's not a boiler flue they are fitting, even if its a cooker hood vent I wouldn't want that as per your diagram in relation to my window.
Argoj

If that diagram is to scale I hope it's not a boiler flue they are … If that diagram is to scale I hope it's not a boiler flue they are fitting, even if its a cooker hood vent I wouldn't want that as per your diagram in relation to my window.



It will be legally too low for a boiler outlet and too low for a effective cooker hood as grease will form in the pipe with the lowering elevation. It's most likely an outlet for a tumble dryer.
you will probably have to write a letter to your neighbour to state that you understand there should be a party wall agreement before this is done.

it is slightly difficult as he is your neighbour so writing to him as oppose to speaking to him may make things a bit awkward.
Good neighbour or not, I'd have kicked off if they did that to my wall. Put a stop to it now and seek legal advice. If they are dodgy and you leave it as it is, what will you do if water seeps around the vent into your property causing damp or damage? What if a crack developed on your wall because of their work? Taking it to an extreme, if the wall collapsed, your insurance will not cover shoddy workmanship from your neighbours builders.
Well, today I'm fairly sure it's an extractor unit of some kind as there's a low but constant 'hum' coming through the wall. The only problem is, outside is an overwhelmingly powerful smell of onions/spice and I've got to keep all my windows shut as it's getting into my house as it is! Perhaps I'll have lickable walls like in Charlie & The Chocolate Factory. If only it WERE chocolate and not garlic! Hehe. One can dream...

Perhaps they're running a takeaway?

Seriously though, thanks to all for your insight(s). I may take CARMEN136's advice and have a wee chat with a solicitor. At the very least, they should be able to tell me the particulars of what is legal and what isn't.

Best regards, Phsy.
Post a comment
Avatar
@
    Text

    Top Discussions

    Top Discussions

    Top Merchants