neighbour built chimney on my garden wall

ann1234 · 28 Apr 2015

bernardgreen said:
The chimney strongly suggests there is a fire place. I am not 100% certain but I am told that there are building regulations that apply to a fireplace in a wall on a property boundary. This from a situation when a fire place in a renovated cottage was opened up and open fires lit. The external wall became hot and was seen as a hazard to the neighbour's use of their garden. I suspect "hot" was more like very warm and may only have affected plants growing on the trellis fitted to the wall. Never the less building control were informed and the fireplace had to be modified.

Very interesting...thank you. If this does happen i will be taking it further. The council know its there. Would i need to inform building reg department or would the council automatically?

AronSearle · 28 Apr 2015

Never the less building control were informed and the fireplace had to be modified.

Modified does not mean removed.

The most you could achieve, if he wants to keep it, is for it to be rebuilt 1cm away from 'your' brick fence.

I'm sure that is worth all the time, hassle and aggrivation it will cause.

WalksWithTurkeys · 28 Apr 2015

ann1234 said:
We have know receipt. Abit concerned what you said about hin being able to claim it as his wall. How can he do that if its in my land?

There is a clause called adverse possession whereby if someone makes use of your land for 10 years without you objecting, that land becomes theirs. See here:

http://www.stephens-scown.co.uk/faqs/fid/000517

I suspect you need not worry, and I do not know how it would apply to a wall on a boundary.

EddieM · 28 Apr 2015

Or for some "inexplicable" reason you could decide you actually wanted fencing in that part of the boundary and demolish that section of the wall. Probably wouldn't do much for neighbourly relations though!

ann1234 · 28 Apr 2015

EddieM said:
Or for some "inexplicable" reason you could decide you actually wanted fencing in that part of the boundary and demolish that section of the wall. Probably wouldn't do much for neighbourly relations though!

This will happen some time in the future

AronSearle · 29 Apr 2015

Good luck, just don't be surprised when you achieve nothing but to cause bad feelings and stress for yourself.

Andyc84 · 30 Apr 2015

My suggestion, go and talk to him, remain calm and explain what he has done and how it is effecting you and causing you stress. Ask if there is a way that he could adjust the chimney so that it is less high, and also ask if he could complete the top of your wall on your side so that it is constant along its length, i.e. complete the tiles (?) running along under the top level of bricks, this will reduce the visual impact that has been caused.
Also explain to him that you are upset that he did this behind your back and without your consent to build on your wall.
Just see what he says, don't do anything as yet that could make the situation worse, and whatever you do, don't get cross and angry as that will only make things worse (at least to begin with).

Wand33 · 4 May 2015

Would you be open to your neighbour building you one with the same chimney design? That way there is one large chimney and you both get a benefit out of it?

ann1234 · 4 May 2015

Wand33 said:
Would you be open to your neighbour building you one with the same chimney design? That way there is one large chimney and you both get a benefit out of it?

No as another chimney would make it bigger plus my garden has now been done nicely and there isnt room for it. He wouldnt do it anyway i dought. We shouldnt have to pay out more money for his design to.

cajar · 4 May 2015

Neighbour warfare in 3......2........1........

diynot

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neighbour built chimney on my garden wall

EddieM

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