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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I live in a three house terrace , I'm at one end . My

Resolved Question:

Hi
I live in a three house terrace , I'm at one end . My neighbour built an extension on the boundary between our houses before I bought mine and it has two vents blowing into my garden . I want to now build on the boundary and my wall would block his vents . Who would have to pay for the moving of the vents ?
He also has built a two story house in the garden and the gutters hang over my garden and water will pour into my garden , can I stop him ?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Firstly, you can build up to the boundary wall, provided you have planning permission, even if you build in front of your neighbour's vents. It is then up to your neighbour to take whatever remedial action he wishes to move the vents. It is not your obligation to pay for any alterations your neighbour has to make. However, this issue of the vents is most likely to arise when you make a planning application and your neighbour objects to the grant of permission on the basis that you will damage the use of his property as you will block his vents. So I would advise you to get your architect to see if there is a way to get planning permission without upsetting your neighbor. This might involve some redesign so that your neighbours vents are not obstructed, such as by leaving a clearance area so air can reach his vents.
2. Any overhanging gutters or any discharge of water into your property are strictly unlawful as they constitute a nuisance and unauthorised use of your property. This entitles you to taker remedial action, whether by requesting him to discharge the water on his own property or by requiring him to have the gutter within his own boundary.
Customer: replied 1 year ago.
Thank you , should my neighbour of been allowed to have his vents discharging into my property in the first place. They are right on the boundary level with the existing back door about three feet away . I know the lady who I bought the house off had a lot of problems with the neighbour ?
Expert:  Buachaill replied 1 year ago.
3. There is nothing unlawful about the vents blowing in the direction of your land provided planning permission was obtained for this. Essentially, the grant of planning permission makes the erection of the building lawful. The onus was on you or your predecessor in title, this lady, to object to planning. It is too late for you to do anything about it now.
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