Do I really have to move my gas flue?

Draig-Goch1 said:

the solicitors letter that i recieved states i have to reply within 14 days of the date on the letter which leaves me with only 7 days to reply due to the date i recieved it. I wonder if i can stall them or just ignore the letter?

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Reply to them...

Dear Sirs,

RE: (reference number)

Thank you for your letter dated dd/mm/yy. I have passed it on to my solicitors, they will respond in due course.


yours faithfully

Nothing more, nothing less. It is a reply that acknowledges receipt and action. Make no mention of disputed fence lines or your intention to challenge. Gives them no ammunition or chance to formulate a counter move.

SEEK PROFESSIONAL LEGAL ADVICE
(and not just on gardenlaw forum)

Whether it is your insurance legal line, a proper solicitor or CAB.

reply stateing that you refuse to move the flue because it is correctly installed x distance from the boundry of the 2 properties and add that you require your nabour to remove the fence which has been placed on your land.

Note you cant make him do anything and vice versa only a court can do that but if he is using a solicitor its costing him.

Step one) Reply to the solicitors letter immediately saying that you have received his letter and that you are giving the matter your attention. Explain that before agreeing to any such request you need to verify the boundary and fence position to satisy yourself that the request is justifiable.

Step two) If your property is registered with the land registry then write to them asking for the registered plan of both your property and your neighbours. This will cost a few quid, but its not outrageous, and gives you the DEFINITIVE boundaries.

Potential Problem....boundary lines on plans are often wider than the boundary on the ground..simply for reasons of scale. If, as is quite often the case..the boundary could be interpreted as being two feet one way or the other, then you have a case for NEGOTIATION, because neither party can absolutely prove the precise position of the fence line.

If there is grounds for doubt then you can either say "pi** off and prove it..OR you can say, that without accepting there is any legal reason why you should do so, you will agree to move it PROVIDED the cost is shared.

Then go quiet.

Alfredo

Don't get a solicitor in unless you really have to, but you may have to if the other party persists

I don't know what you lot are arguing about.

1) If the flue is filling next door's yard with foul air - then shift it. What's to argue over?

2) If the fence has been in situ for a number of year (I think it is 7) then that becomes the legal boundry anyway.

3)If the matter is put to Health and Safety/Environment agency then you'll be taking on a government department.

4) If the matter goes to Court then it will side with him - you are poisoning him.

5) When you sell your house you will have to declare that you have been in dispute with your neighbour about poisonous fumes and a boundary dispute. Do you think that'll help your sale?


Just do the right thing and shift it.

Before you know it you'll have your tyres slashed and matchsticks superglued into your door locks.

Draig-Goch1 said:

"I had a verbal agreement with him earlier in the year that I would add an extender to manage the exaust better but that's not enough now"

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is it possible that you failed to meet this verbal agreement!? -with the best of intentions but a lack of time!? all that time the neighour may have been bottling up his frustration and now hes let it go through a solicitor to ensure he sees some action! -may be worth seeing if you can go back to the original agreement but with a set time frame, although now its gone legal i suppose it will need doing legally in writing etc.

Its just a guess, Im not saying its what has happened.