Boiler flue exit towards our property ally way- Buying a property

[CatBoiler]

If it is an existing boiler that has been moved then there is no need to register it.

CORGI were taken out of the picture years ago. It is Gas Safe now.

But like i said before... If the boiler was moved outside the original footprint it should have been upgraded.

However, what this means in terms of your purchase? Probably bugger all to be honest. I doubt there is anything any one can or will do about it; especially as part of conveyancing. You'll either have to:

• Take it on the chin - how much do you want the house?
• Try and get some money off and take it on the chin - how much do you want the house?
• Walk away now and keep on looking - how much do you want the house?

If it were me and I wanted the house, I would just live with it, but if they changed the boiler later I would be making sure they did a vertical flue.

Ah i see. Thanks for this information regarding CORGI in the scenario if they have moved near to original foot print.

And yes i totally agree with you regarding purchase. we need to decide! do we live with this or provide notice to neighbor? it seems pain full. i mean we don't want to go on wrong side of neighbor just after moving in .

We do like the house.. so ya difficult position. That's why i wanted to get some suggestions etc.

 

[Dan Robinson]

Btw our solicitor is very slow and seems not doing their job well

I have yet to meet a conveyancing solicitor that is worth the air they breath (with the exception of my step-SIL, but she was a proper dragon and charged a fortune for her services).

I didn't notice the gutter, but again, I probably wouldn't walk away from a house I really liked because of it. Unless I had reason to suspect the neighbour was an arse.

 

[CatBoiler]

I personally don't like that "built to the boundary" setup. Even without the gas flue the gutter is over your property, and should have an easement for maintenance etc. I walked away from viewing a house like that. And conversely when I sold a strip of garden to a neighbour I allowed for their gutter to be on their side, and put an easement on our garden. But then I'm just a good guy

Thanks Nige. In this development, there are similar situation where most of them have done garage conversions. But this flue issue is unique. I have just sent email to agents to get some info from seller on these both issues. Let's hope that neighbor is understanding. I think gutter issue should be ok..i think we are nice and let them do maintenance with prior permission.

But do you think this could affect future sell if we buy it?

 

[CatBoiler]

Thanks everyone for your valuable feedback, criticism and suggestions.
I have sent an email to agent requesting details on the flue and gutter situation from seller. we are hopping for the best. I shall update you on this forum.

 

[DP]

Catboiler, the flue is in old brick wall. Boiler may have moved but flue terminal is where it was originally installed.

I suspect boiler is a Potterton Profile or similar ( could be wrong) and boiler age suggests flue components may of may not be available. If not, then how has the boiler been moved. One wonders.

 

[cjcoffin]

Not sure if these dimensions are current, but the install instructions for my boiler say minimum 1200 mm from terminal to a facing structure or boundary. IIRC these were national guidelines not specific to a particular boiler.

I would worry that if the neighbour has already built an oversailing gutter and a non-compliant boiler flue what will he get up to in future?

 

[Riddor]

All in building regulations Document J - knock ya self out

 

[Hugh Jaleak]

Looking at that wall, I'd say the section where the flue is located is some years old, the section to the left (rear) is clearly more recent brickwork. As for the gutter and flue encroachment, there is a forum here, www.gardenlaw.co.uk, full of arguments over a few inches of land.

You may like the house, but is it worth losing it to pay for legal costs if the neighbour starts getting shirty and you end up in the Courts over the issue?

 

[dilalio]

Even without the gas flue the gutter is over your property, and should have

Exactly my observation too! ​

 

[Mottie]

A mate of mines cheeky neighbour has gone one better than that. He lives in a semi and he and his neighbour had full width drives between their houses that led down to their garages. There was no dividing wall between the drives so effectively a very wide drive between the two semis. There is a line of bricks set in the concrete running along the centre line. The neighbour then built a side extension similar to the one in this thread, effectively leaving just a metre wide strip between his extension side wall and the centre line if the original two drives. However, he still uses my mates drive to get to his garage! I keep telling our mate to put a wall or a fence along the centre line to 'claim' his own drive before it becomes a common right of way but he won’t listen to keep the neighbourly relationship good. The neighbour is an a***hole in my opinion as if you park on my mates drive, he always seems to want to get in or out and he goes on like it’s his drive! I say my mate is storing up trouble for himself. Anyone know what the actual law on this is and how long (if at all) before it becomes a right of way for the neighbour- it’s been like that for about 8 years now.

 

[John D v2.0]

He needs to check his deeds for any right for the neighbour over his property. If not then should be no problem.
If the neighbour was selling his house and didn't have a right of way over your contacts drive, and that right of way was valuable to the property, he would have to pay for an indemnity against not being able to use the way. If your contact subsequently refused access, the indemnity would pay for the kids of value as a result of not being able to use the drive.

 

[Mottie]

“Kids of value”?

 

[Dan Robinson]

Loss

 

[motorbiking]

It looks to me like the vendor granted permission for the gutter as they have clearly come to an arrangement on the gate post. You should ask them what permissions/ agreement they made with the neighbour over the trespass of the guttering and the installation of the boiler discharging over their property. Point out the gas safe issue. Then depending on the answer ask them to serve notice on the neighbour estabilishing that permission was not granted, thus closing off any later claim.

Then knock a grand off. Its about all you'd get for the trespass.

 

[Hot&Cold]

I'm in the process of buying a property. The legal process is currently going on.

What has your conveyancer said re your concern ?

You could involve a registered gas technician to carry out an external visual inspection and issue a report