Neighbours pipework and flue overhanging my land(4 Posts)
Over the last few years my next door neighbour (a single guy who is very single minded in getting what he wants!) has done a top-to-bottom refurb of his house. My house and his house are separated by an alleyway but it's my private alleyway (there's a locked gate at the front to which I have the only key) and therefore it sort of forms part of my backyard.
The work he has done has involved new boiler, loft conversion, ensures, new bathroom etc and on several occasions he has knocked to tell me he needs access to the alleyway to run a bit of pipe here, put a boiler flue there, add a piece of gutter here etc. So after a few years of this, I have ended up with quite a bit of pipework, soil drains, flues etc on the outside of his flank wall, the same wall which forms the boundary into my property.
I've never really thought anything of it until now as it's mostly within the alleyway and not really in view from my garden - it seemed neighbourly to agree and as I said, he's quite a
bully determined person who would put it over in such a way that it made it pretty awkward to say no (like I'd be putting him to a lot of expense and hassle if I did)
However, a couple of friends who work in property have recently visited my house and, in passing, commented that he has no right to do all this; all his services should be within his curtilage and that I might be making problems for myself when I come to sell (which I will probably want to do within the next two or three years).
Does anyone know the legal position - have I set myself up a conveyancing nightmare with unlawful flying freeholds (?) and potentially illegal boiler flues overhanging my land?
I certainly won't be agreeing to anything else until I have resolved this - AIBU to be concerned? Any advice welcomed.
I'm in the NE of England, if that's relevant.
It's not a flying freehold, but you have given him an easement (or rather his pipes and flue have the easement).
A full survey would mention this, and question the legalities of it.
In law, you have to give a neighbour access to maintain their property. You can refuse, but they can take you to court to get it. The issue is he now has rather more to maintain than he did before. Whether this would put someone off buying or not depends on how much of an encroachment there is, the layout etc.
Have a look on the land registry website for information. Also post this on the garden law forum.
Thanks you, that's helpful. I will look into that forum but if anyone else on here has input I would be pleased.
Perhaps you should repost this in legal, then it might catch the eye of someone who definitely knows. I can't imagine being able to have pipes sticking beyond your boundary though.
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