If there is anything on that wall which sticks out such as a capping on the vents or suchlike, then that is trespass and you can get it removed. It is not trespass if it is just a hole in the wall with nothing coming out.
The fact that there may be a hole coming out of this wall is not relevant.
What can be relevant is whatever comes out of the vents for 2 reasons.
If there is a draft coming through the vents or noxious fumes, then you have a claim against each or the property Owner.
There is another potential cause of action which is not quite so good and which you would bring in conjunction with the nuisance claim and that is that they are currently discharging fumes and air over your property and they do not have an easement to do so and hence, you may have a potential cause of action in trespass because of that discharge. It’s not a particularly good cause of action and it’s not worth bringing on its own, would be worth tagging it onto a nuisance claim.
if a solicitors letter warning the neighbour of the threat of court action doesn’t work, then you are faced with taking him to court for an injunction. A word of warning here and that is that if any injunction proceedings are not successful, you could potentially face legal costs running into several thousand pounds. Hence, although a solicitors letter be cheap enough, you need to think very carefully before rushing off to court because if the judge doesn’t grant you the injunctions to get this event moved, you could easily face legal costs for the neighbour which could run into tens of thousands of pounds.by the same token, you win, the neighbour would be ordered to pay your costs.
Can I clarify anything for you?
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