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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 808
Experience:  Solicitor with over 15 years experience.
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My neighbour has a boundary wall which adjoins my rear yard.

Customer Question

My neighbour has a boundary wall which adjoins my rear yard. The neighbours building has flats converted from a shop. The flats have vents, overflow pipes and soil pipes which overhang my yard. They have just bought the property (1 year ago) and are refurbishing it.
The vents and overhanging pipes have been there since I bought the property approx 30 years ago. I did not have time through pressures of working away from home and my own ignorance of my land rights to have the vents and pipes removed earlier.
I have tried talking to my neighbour asking for the vents and pipes removal with no progress. What are chances of winning my case and can I remove the pipes and vents without their permission ?. The vents and pipes definitely overhang my property.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a lawyer with 20 years experience. I will try to help you with this.
I an afraid that it is likely that your neighbour has acqired the right to use the space above your land by was of prescription. That is through long use as of right.
When did you first complain about this and were the vents etc in place when you moved in 30 years ago.
Customer: replied 1 year ago.
My neighbour has only owned their property for about a year. So they have not used It for very long. I first brought it up with them about 4 months ago. They were in place when I first bought the property about 30 years ago.
Customer: replied 1 year ago.
Hello ? Did you get my reply ?
Customer: replied 1 year ago.
Hello ?
Customer: replied 1 year ago.
Hello anyone there ?
Expert:  LondonlawyerJ replied 1 year ago.
Sorry the question I was trying to ask was when did you first raise the issue with any occupier of the neighbouring property not with these new neighbours.
Customer: replied 1 year ago.
I never raised the issue with previous owners as I was busy working away from home.
Some of the vents discharge waste/ overflow water and steam etc on to my land surely they are not allowed to go this
Expert:  LondonlawyerJ replied 1 year ago.
Unfortunately they may well be able to leave the vents etc there.. If they have used the space above your land for more than 20 years without any complaints or permission from you they have almost certainly acquired the right to do so through prescription.
They will not be able to discharge noxious substances onto your land though, even it they have the right to sue it as I have suggested as that would amount to a nuisance.
Customer: replied 1 year ago.
They have only had the property for a year. Will they have acquired the prescription rights when they bought the property ?
Customer: replied 1 year ago.
Can I block the vents - leaving them in position over my land ?
Expert:  LondonlawyerJ replied 1 year ago.
No.