Boiler flue facing our boundary

[^woody^]

Undoubtedly. (18 points for me)

 

[^woody^]

Hi guys can you please clarify what the terms mean please as have no idea what easement by prescription means

Don't worry about it. Someone always throws these obscure and unlikely things in to confuse matters.

It's a term used when someone gains lawful permission to use someone else's land [easement], by way of the number of years they may have already been using it [prescription] without being challenged by the land owner.

It's not the sort of prescription that will make you feel any better.

It's a highly technical legal argument, which won't apply here. It would also cost more in legal fees than the value of your house to prove. So it would not even be on the table as an option for a boiler flue.

This situation is very common and easy to solve. The flue is over your boundary. It's in the way of your extension. It needs to be moved. The neighbour pays for this begrudgingly, or you contribute and stay friends.

 

[noseall]

Undoubtedly. (18 points for me)

Come on Woods, everyone knows you cant have words above five letters or more and not land on a bonus square, on a regular Scrabble board.

 

[^woody^]

I was trying to be unostentatious.

 

[Mr_T25]

If it's a Worcester Bosch greenstar, you can definitely have a 90 degree bend put up. We're doing it to get it out of the new extension.

 

[Michaela Gray]

Thanks now I understand

 

[Michaela Gray]

You certainly did that Woody lol

 

[geraldthehamster]

Hi guys can you please clarify what the terms mean please as have no idea what easement by prescription means

Don't worry about it. Someone always throws these obscure and unlikely things in to confuse matters.

It's a term used when someone gains lawful permission to use someone else's land [easement], by way of the number of years they may have already been using it [prescription] without being challenged by the land owner.

It's not the sort of prescription that will make you feel any better.

It's a highly technical legal argument, which won't apply here. It would also cost more in legal fees than the value of your house to prove. So it would not even be on the table as an option for a boiler flue.

This situation is very common and easy to solve. The flue is over your boundary. It's in the way of your extension. It needs to be moved. The neighbour pays for this begrudgingly, or you contribute and stay friends.

I diasgree that it's a technical legal argument. If the neighbour is clued up, it could be the deciding factor.

Put simply, if the flue was put there openly, more than 20 years ago, without asking anyone's permission, and nobody has objected to it since, then the neighbour can successfully claim that it he has aquired the right for it to be there, and you can't ask for it to be removed.

An easement is the right to use someone else's property (for example you might have a right of way over a path or garden, or the right for a gutter or flue to intrude into somebody's air space).

A prescriptive easement is an easement gained by regular use, rather than one that has been purchased or granted.

If the flue has been there less than 20 years, there won't be a prescriptive easement.

If you go legal, and the neighbour consults a solicitor (as they no doubt will given the expense and hassle of moving or relacing a boiler), this question will arise.

Cheers
Richard

 

[^woody^]

But for extensions being built outside of Narnia, the walls would go up and the neighbour told to sort the flue out by a certain date, after which the boiler won't work without a terminal, or will contravene gas safety regs for being too close to [insert thing here].

And you do know that prescriptive easements can't be granted for something which is unlawful. Like Statutory Nuisance, or contravention of gas regs.

Prescriptive easements are for armchair pondering, not gas flues.

 

[geraldthehamster]

If the OP can't agree a way forward with the neighbour, I suggest he take legal advice before making demands. That would be far more useful than listening to either of us.

Cheers
Richard

 

[^woody^]

I'd suggest just talking to the bloody neighbour before solicitors

 

[geraldthehamster]

I'd suggest just talking to the bloody neighbour before solicitors

I agree.