Neighbours from hell

timmypants · 30 Nov 2008

Hi, not too sure what to do but have recently built a house and the plot next to us have built their house and installed their extreemly noisy heating system with the vent pointing straight at where our bedroom is! The space in between the two houses is ours and this vent now intrudes into this space by about 2ft. Is there any legal way I can make them move it? Surely their archeitect should have though of this?

noseall · 30 Nov 2008

yes there is. the land and the air space above it is yours, so they are trespassing. ask them to remove it pronto!

mattylad · 30 Nov 2008

Contact the LABC and tell them about this ASAP.

^woody^ · 30 Nov 2008

Have you tried to sort this out amicably first?

It seems that this may be a statutory nuisance under the EPA 1990 (Environmental Protection Act). In which case, you should contact the Environmental Health section at the council who will act on your behalf.

It may also be a trespass under common law - you can take out a civil action

And it may also be contrary to the planning approval, in terms of boundaries - contact the planning dept/check approved drawings and approval notice

I don't think building control can help with this

jeepman · 30 Nov 2008

best way is to mesure your boundry and see it is does come onto your land if it does it is yours tell them to move it otherwise you are going to get legal action taken out to have it removed
The same thing happen to me only with a fence it was 1 inch over my land and i told them to move it they said no so got legal action and they had to remove the whole new fence and reline it on the boundry and it now has a bend in it so as not to go on my land.

freddiemercurystwin · 30 Nov 2008

jeepman said:
The same thing happen to me only with a fence it was 1 inch over my land and i told them to move it

You're the neighbour from hell!

^woody^ · 30 Nov 2008

LOL .... yes indeedy

Thermo · 30 Nov 2008

jeepman said:
best way is to mesure your boundry and see it is does come onto your land if it does it is yours tell them to move it otherwise you are going to get legal action taken out to have it removed
The same thing happen to me only with a fence it was 1 inch over my land and i told them to move it they said no so got legal action and they had to remove the whole new fence and reline it on the boundry and it now has a bend in it so as not to go on my land.

if it wasnt glaringly obvious i think id have told you where to go and prove it in a court of law!

freddiemercurystwin · 30 Nov 2008

I'd have moved it a foot inside my boundary, stuck a load of garden gnomes on it and threatened legal action should you ever touch 'em!

jeepman · 30 Nov 2008

well as they put the post on my land guess what else i was told i could do dig arond the post but not touch them and let the wind blow it over therefore i could not be dont for any damage to it
all good fun been in the building trade for 30 plus years and still am and heard everything and seen most things

^woody^ · 30 Nov 2008

jeepman said:
guess what else i was told i could do dig arond the post but not touch them and let the wind blow it over therefore i could not be dont for any damage to it

Were you told this by a practicing Solicitor or other such professional?

If so you were given incorrect information.

libby lou lou · 30 Nov 2008

timmypants said:
Hi, not too sure what to do but have recently built a house and the plot next to us have built their house and installed their extreemly noisy heating system with the vent pointing straight at where our bedroom is! The space in between the two houses is ours and this vent now intrudes into this space by about 2ft. Is there any legal way I can make them move it? Surely their archeitect should have though of this?

I believe any dispute must be recorded, to tell your new buyer, which means?

jeepman · 1 Dec 2008

yes i was told to do it by a council planning engineer who measured my boundry

^woody^ · 1 Dec 2008

"Council planning engineers" (whatever they are) tend not to have a clue on the many aspects of property law.

And what was a council employee doing measuring your boundary - is it a council house?

freddiemercurystwin · 1 Dec 2008

jeepman said:
yes i was told to do it by a council planning engineer who measured my boundry

Yea, with a micrometer!

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Neighbours from hell

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