Neighbours Flue over the Boundary

[Newhomeowner]

Hi, I've just bought a property and am currently having work done to the place as it was in a bad state.

I wish to rebuilt the current side garage for use as habitable room, however my neighbours bolier flue over hangs it. I tried to contact the neighbour by knocking on his door and so did my builder but with no luck.

I then wrote a letter them asking if they could move the flue as i was hoping to complete the work. I then received two abusive phone call basically saying that he would not do anything.

Please can anyone give me advice on what i should do? Bearing i would like to salvage some kind of relationship as they will be my neighbours if possible?

Thanks

 

[Barry98]

doesnt seem like there interested if there been abusive , best to go down the legal path am afraid

 

[petercj]

Have you discussed this with your local authority planning department?

Best place to start imo.

Once you are completely sure of your ground, send a Recorded Delivery letter with a polite request to change the flue.

If that doesn't get you anywhere, find a solicitor who offers a free initial advice session, and get an estimate of cost re the legal route.

It might be cheaper to offer some financial help with getting the flue changed, i.e. than pay a solicitor around £250 p.h. to deal with the matter, unless you have some legal cover included in your house insurance for this kind of issue - worth checking for that.

 

[Newhomeowner]

Thanks for your replies, I am definitely going to see the council and get some advice.

I will probably send another polite letter asking them to move the flue and offer to pay labour cost if they use my builder and see where this get me.

If this fails then i guess legal route will be my only option.

Anyone have any experience/advice about how i would do this.

 

[petercj]

If were you, I would try and get a conversation with an experienced planning officer - they will know the chapter and verse re the regulations around this issue, and should be able to give you some indication of what is required to gain compliance. Take some photographs with you if calling in, but might be better to telephone first and sound out the best person to speak to.

Try and avoid the legal route if possible, the cost could escalate out of all proportion and serve to reinforce further bad feeling between you and your neighbour.

 

[Newhomeowner]

Thanks Peter, i will definitely take your advice and try to avoid the legal route.

 

[petercj]

Thanks Peter, i will definitely take your advice and try to avoid the legal route.

There is also a requirement in English law for any serious conflict with neighbours to be disclosed pre-contract when selling a property, and this can make a property more difficult to sell, and negatively affect the price.

Diplomacy is definitely the way to go - good luck with it.

 

[jase158]

I would like to add:
think of it from his view, you are asking him to pay a fee for moving something which has already been installed and working fine, take time off work and possibly have no heating whilst work is done, so a lot of disruption.

If it was me I would offer to pay (wether he uses your builder or not) he does not know your builder and may not trust him.
And try to speak to him, rather then letters.

He is in the wrong for having it on your property but moving it might be a hard job

 

[snowhead]

It might also be a possibility that the original owner of your property gave permission for the flue to be there either verbally or in writing.

 

[AWheating]

he will have to move it once youve bricked it into a wall

nothing worse than living next to somebody you hate, id offer to pay the full cost and try to avoid legal letters etc till your sure theres no other way.