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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to mind that next door installed an aerial which is protuding into my garden?

40 replies

Summerhasloaded · 21/08/2013 14:38

A house was built in next door's garden (an infill I think they call it) by a developer and sold. It was built right up to the boundary to my house.

I noticed a while back that the new owners had installed a satellite dish and aerial to the side of the house, a floor up, and the aerial sticks into my garden by about 3 feet. No one asked me for permission to enter my garden nor install something which goes into my garden.

This house is usually let and currently empty. I don't know who the owners are, and unable to find out if anyone is managing it.

AIBU to not want their aerial sticking into my my garden? If I don't challenge it, will it become a right after a while?

Can I do anything about this?

OP posts:
Morgause · 21/08/2013 14:43

Remove it and put it back over the fence like you can do with tree branches, I'd say.

FannyFifer · 21/08/2013 14:46

Does it really matter?

Sanctimummy · 21/08/2013 14:47

Are you serious? It's a floor up and what? Bugs you because it takes up air space in your garden?

Lets face it, you're pissed off because they built a house right next to yours and want to be difficult. Admit it.

YABU.

WhatAFunnyPotato · 21/08/2013 14:50

That would annoy me. Three feet is loads. You can look up the owner, if you have the full address, on the Land Registry website here. Think it costs about 4 quid.

Binkyridesagain · 21/08/2013 14:52

Lean out of the window and knock it back over to their side, I find broom handles are good for this.

littlewhitebag · 21/08/2013 14:52

I don't think you own the airspace so likely noting you can do?

JedwardScissorhands · 21/08/2013 14:57

I think the OP probably is annoyed because of the house being built and wants to be difficult. But so what? The neighbour was entitled to build the house, and the OP is entitled to insist that this protruding aerial is removed. The neighbour should have taken the need for an aerial into account when having plans drawn up for a building right up to the boy dart.YANBU.

JedwardScissorhands · 21/08/2013 14:58

*boundary. I don't know what a boy dart is!

LadyBryan · 21/08/2013 15:05

Technically you do own the airspace above.

Did you get chance to see plans before the property was built?

theydontlikeitupem · 21/08/2013 15:08

What JS said.

Artus · 21/08/2013 15:19

I'd love to know the answer to this. My next door neighbour has asked me to remove our aerial and satellite dish which stick out over his garden bu a foot or so, because pigeons sit on them and mess on his garden. Both aerial and dish are at roof level and were there before he or I moved into our houses.

I have refused so far but wonder if in fact he can insist. I don't want to move them partly because of the expense and partly because I think the dish is in the best place for a good signal.

TylerHopkins · 21/08/2013 15:20

I'm territorial so I think I'd be hacked off too.

Original poster
Summerhasloaded · 21/08/2013 15:22

boy dart Grin

I was annoyed by the house being built, but accept it now it's been done. The developer was an ex-employee of the council planning department and managed to get this application approved despite many protests locally.

However I don't think they can just decide to attach something to the side of their house when it encroaches onto my land. Surely they can install the aerial somewhere else, like the roof perhaps?

I'm sorely tempted to knock the aerial down, but am too much of a scaredy-cat in case I'm done for criminal damage!

Airspace - Surely I do own the airspace one floor up? Otherwise, they could hypothetically decide to build a balcony which is in my garden!

OP posts:
BuskersCat · 21/08/2013 15:22

I'd take a hacksaw to it, but that's just me!

LadyBryan · 21/08/2013 15:23

Artus - I would offer to put some of those bird deterrent spikes on the aerial - would stop the issue of bird mess and be a darn sight cheaper than moving the aerial.

Technically (yes again, land law is stupidly technical) he could insist but you would have a decent argument against having to do so given they were in situ before he moved in i.e. he bought the house with them where they were - caveat emptor. You don't want the expense of getting a solicitor involved so I'd be tempted to make a smaller gesture to solve the issue.

MrsOakenshield · 21/08/2013 15:33

I would get it sorted now, could be a problem should you decide to sell (it would put me off!). I very much doubt they're allowed to put in an aeriel that sticks out that much.

Original poster
Summerhasloaded · 21/08/2013 15:49

There - I've done it. I've written a letter asking the owner to move the aerial, and posted it through their door.

I'd been waiting and waiting to see if there were any signs of life next door, but nothing for weeks. Nothing to do but wait now, I guess.

MrsOakenshield - I was worried about that too. Say I or a new owner wanted to extend my house up to the boundary too, I might not be able to, esp if next door claimed the aerial had been in place "x" time and therefore had a right to be there.

OP posts:
LadyBryan · 21/08/2013 15:50

You've done absolutely the right thing Summer, hope you get the right resolution

Jenny70 · 21/08/2013 15:52

I'd be contacting the council with photos, they will know the land owner - a new tenant may bin everything when they move in, or not really feel it'sup to them to redress.

JedwardScissorhands · 21/08/2013 17:31

You do own the air space... how high up exactly is debatable, you don't own the higher air space where planes fly etc. However you definitely own the bit at building level and the aerial requires your permission.

It's nothing to do with the Council, unless there was a specific restriction in the planning permission. Very unlikely. This is a private issue between two adjoining landowners.

Artus · 21/08/2013 18:00

Thanks LadyBryan for the suggestion. I will suggest the bird spikes if he mentions it again.

bigbluebus · 21/08/2013 18:09

Is that legal/official that you own the air space then?

We came back from holiday last week to find that the builders who are building some houses next to ours have put up a layer of scaffolding and the walkway/platform actually comes over into our garden. I know it is only a temporary structure although the speed they are working it could be there for quite some time but was extremely p**d off that they didn't have the courtesy to say they were going to do it and apologise, and say how long it would be there for. Have been waiting to speak to site manager about it, but they haven't been on site at all since the weekend - hence the slow progress.

I did say to DH that maybe the same rules apply that relate to overhanging trees/bushes - you can chop off anything overhanging as long as you return the bits to their owner Grin

JedwardScissorhands · 21/08/2013 18:16

Yes, that is the law. In the OP's situation, she could build something in her garden right up to the boundary, it's hers (talking about ownership of the space, planning permission is different). The aerial is essentially a kind of trespass.

Original poster
Summerhasloaded · 21/08/2013 18:58

Thanks Jed, are you a solicitor?

OP posts:
JedwardScissorhands · 21/08/2013 23:06

Yes, please don't hold it against me....

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