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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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My neighbour has recently put a black pipe out of her

Resolved Question:

Hi, My neighbour has recently put a black pipe out of her wall which now overhangs my land as my rear garden fence cuts in partway along her wall. Can I ask her to remove this pipe as she has not asked permission nor do I want it there. We believe it is
waste water from a new upstairs kitchen in her loft - could this be routed internally so that it doesn't need to be visible from the outside? Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. In law, you own up to the midpoint line of the boundary wall or fence. So any pipe inserted by your neighbour which travels on your side of the wall or fence, you can ask her to remove it. You can back this up by getting an injunction compelling her to remove it. Here, you should formally write to her and ask her to remove it. Failing a positive response you should get a solicitor to write to her stating that you will remove it yourself if she does not do so. In this way, you can remove what is an eyesore. However, you should give your neighbour an opportunity to remedy the situation before acting yourself. In law, you have the right to remove anything on your own side of the boundary line. However, you should not act without considering where this waste water would go otherwise.
Customer: replied 1 year ago.
Thank you Buachaill. Exactly, I would not wish for the waste water to come onto my patio. Could I request that she put it internally rather than externally? Would I be within my rights to do that? What if she said 'fine you can remove it, but the waste water will fall on your patio?' Thank you.
Expert:  Buachaill replied 1 year ago.
2. You are within your rights to ask her to put it internally and to exit at the different point whereby it doesn't come onto your land. Don't let the bloody-mindedness of your neighbour alter the correct legal rights and wrongs of the situation.
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