Neighbour wants to vent wood burner flue pipe on their wall, which is the boundary to our property

[OnceAnOwl]

My neighbour told me they are planning on getting a wood burner to replace their balanced flue gas fire and asked me if we would mind the pipe going up their wall as it overhangs onto our side access. He said he was happy to involve solicitors and make sure it was done properly in case either of us move. Initially I was positive and said I'd need talk to DH, but now I've been worrying about it all day.

Just to put some detail on it, our houses are detached and on a modern estate. Their gas fire vents onto our side access (the distance from their house to side of our garage at that point is about 2m, our garage is attached to our house) and it can be like this because it was built like that before the building regs said you couldn't vent gas fires onto another person's land. I believe our neighbour would want to replace the existing flue with a Twin Wall flue pipe which then goes up their wall to above their roof. We don't live in a smoke free zone, I checked.

My concerns are:

1. Will the pipe get hot? (their existing balanced flue has a basket round it)

1. Will it look unsightly? (whilst we can't see it unless we walk round the side it might put future buyers off)

1. Will it be smoky? (I'm quite sensitive to smoke, get chesty and like my windows open. My teenage DS's bedrooms are on that side of the house and they spend a lot of time in them.

I think DH and I have decided we don't really relish the thought of a wood burner, so logic says that we would say no to a pipe going up their wall but in our airspace. However I like to be a good neighbour, live and let live etc. and I know they really want a wood burner. If we say no they could still go ahead, putting the pipe through the bedroom but I know it would be more difficult. It might mean the end of good neighbourly relations. But if we say yes then we have a silver pipe overhanging our side passage and maybe wood smells. Help!

I would nip to or phone a supplier of stoves who could prob tell you what you need to know. eg how easy is it to put the chimney through their upstairs and only out above the roof.

Perhaps you could suggest that to the neighbours first. I don't think you would have any say in that if they chose to do it.

I wouldn't want anything from the neighbours overhanging my property. I would say no.

I wouldn't interpret it as an attempt at a land-grab by your neighbours - we got a quote for doing just this and the fitters strongly recommended putting up the outside saying they'd never had any problems. Obviously, that doesn't mean you should agree, but just that some of the readings here seem unduly negative/suspicious. (We preferred the internal idea because then you get some heat benefit)

Just for some extra clarity on the boundary issues - I'm still fnding it hard to visualise your houses -

Does your neighbour's wall (where the flue is proposed to exit) form the exact and legal boundary of their property?

Does your neighbour have a footpath or own any land or have a right of access over the land next to the wall on which the flue is proposed.

I visualise - (left to right) your residential house and, attached to that on the right hand side, your garage with no rooms above, and next to that, a 2 metre wide path/drive/access - at the other side of which, is your neigbour's residential house wall/proposed flue exit?

There is already a hole in the NDN's wall which will be one of the reasons running the flue outside has been suggested. The fitters' job is more complicated if they have to take the flue inside the house. Of course they will tell the householder they haven't had any problems - they don't live where they fit the things! I don't think it is unduly negative or suspicious to say no - at least the neighbours have asked which shows they do realise they can't just do it.

I wouldn't want a neighbour putting anything on their house which overhung mine or my garden by hanging over the boundary and would say no if asked. It's not about being mean or unco-operative. It's about not giving someone else rights over your property and ensuring there are no complications with any future conveyancing.

wowfudge we had to have the gas fire flue hole blocked up and plastered over and a new round hole drilled in a new position for log burner.

That's fair enough Ruhrpott - I'm just thinking of the reasons why the company fitting the neighbour's stove have suggested taking the flue outside.

Thanks for all the opinions which are really helping me.

Scooby good idea about visiting a stove shop.

Evrybuddy yes the neighbours wall does form the absolute and legal boundary. It goes Left to right....NDN house, boundary at the wall of their house, our gravel bit (about a metre wide where the pipe would go, it tapers) our flagstone path, our garage, which is attached to our house but has no bedrooms above it, pitched roof.

NDN have no access over this area, other than to maintain their house, so eg when previous owners had facias done, they came in our garden.

I don't think for a moment they are looking to gain extra land, I'd probably ask the same if it was us fitting a wood burner.

But as wowfudge said it's this:

It's not about being mean or unco-operative. It's about not giving someone else rights over your property and ensuring there are no complications with any future conveyancing.

they must have access rights already , so this isn't going to change that.

If you are suburban then there will likely be a smoke free zone?? I often wonder if people consider this when installing their woodburners, how does that even work with woodburners?

And they do smell....I've just been out to put washing in and one of out neighbours has a fire going..I cannot see any smoke to know who, but I can surely smell it. SO no line drying for me today. 8)

Tondelaya certain models of woodburner have certificates which say they are clean burning enough to be installed in a smoke free zone.

It's not a smoke free zone. Yes NDN do have access anyway BUT it is the venting of a fire and regulations have changed. I know that another neighbour up the road whose house wall went out on to another property, wanted to move the balanced flue about 2ft. They were not allowed to do this as building regs now say you can't vent onto neighbouring land. They could replace the existing vent but not fit a new one. I'm wondering if a pipe which is in our air space technically would count as venting on our land, even though it's up by the roof? But then again if it's in the same position it might be classed as upgrading. Oh I don't like all this. Going to Tesco, thanks all, back later

If you have 2 metres between the houses is it worth selling them a metre, they put up a good fence/wall, and you are both free from NDN worries for the foreseeable.

Otherwise, I would say no.

Colder than expected today so I lit the burner. After 3 hours the pipe outside is warm not hot. You can't feel the warmth unless you put your hand on it.
I don't think external flues are particularly unattractive however I probably wouldn't agree to a neighbour putting one over my land. I would either say no or if feasible consider selling the land as whateva suggests.

I'm not sure that there is such a thing as owning air space above your house .might be different in other countries .

I wrote a paper on that very topic when I was a student ginger. I believe you do to a reasonable height so your permission would be needed for someone to swing a crane over your house and garden in order to work on theirs, but a commercial aircraft at X thousand feet does not need your permission.

I'm not sure at all about the legalities of the pipe overhanging your land, but the experience I have had from NDN woodburner has not been good. We now have to seriously jet wash and scrub the tiles on our roof terrace every 3 months as they have turned from terracotta to grey due to the smoke/ash, we have ash drifting down over the garden every day and our boundary walls are also grey now rather than cream. The smoke smell isn't too bad but depends on the wind direction. Their pipe runs through the inside of their house, but the top leans out over our passageway between the houses. Just something else to think about, sorry!

In theory, you own the entire column above and below your land. In practice, this is whittled away by the government owning right for aviation, mineral extraction etc and you can sell of eg, shooting rights, so it gets a bit complicated.

If it sticks out over your space, and it gets knocked etc, it might then be a problem.

Thanks all again, I'm really impressed with the detailed replies you are giving, lots to consider. I've just been on a pipe drive around! (As if I didn't have enough to do . Anyway, there seem to be no stoves on our estate, 2 on the next one, both going through the roof, 4 on another estate, on sides if houses but all on their own land. Suggestions about selling off the land s tricky as our house and NDN's nearly touch at the front, it's because they are at an angle to each other that the gap gets wider. Not sure I want to encourage it really if it means jet washing

we need a property lawyer on here - I have a vague notion that if any part of your neighbour's property overhangs yours, they end up with a flying freehold which becomes pretty complex to put in place and will potentially put purchasers of a cautious nature off either house. If that is correct, it's certainly going to be cheaper for them to vent internally!

also - no decision should be made on the basis of how responsible, reliable and good at maintenance and high quality fuel burning your neighbours are, because they will not necessarily remain your neighbours and could sell to green wood burning, maintenance avoiding horrible people.

I would say that you do smell smoke, just a whiff, we have a few woodburners and you definitely get a waft, but it's not unpleasant and really mild compared to an open fire however if I'm in the garden I'm definitely aware if someone in the house or in the cottage next door has lit thier stove.

Just been somewhere where a wood burner was lit and yes you can smell it, not unpleasant, no wind today, loads of mist. By the way, thanks clearsommespace for thinking of me and checking your pipe

We have a neighbour in a courtyard setting who has an older type woodburner. We used to have one and always felt they had a pleasant smell, but our whole house smells like hot dogs so we have to close all the windows. I know this is not your main concern as clearly it will be a new model which hopefully will conform to standards but you cannot control what they burn.

I think your instincts are telling you no, but you are struggling with trying to be a good neighbour. Go with your instincts because you cannot change your mind once the job is done. They are being really cheeky. Who cares if they really want a woodburner, you don't and they are encroaching on your property.