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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Our neighbour has built a side extension on the property boundary

Resolved Question:

Our neighbour has built a side extension on the property boundary and now wants to install a cooker hood that will extract into our side alley way. Is this legal?

We have opening windows into our alleyway. There was no mention of this in the party wall agreement.

They will need access to do this.
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

If there is no mention of what they're proposing to do in the Party Wall Act agreement, then they cannot do it. Was this dealt with by agreement between the parties or by a formal award by a surveyor?

Customer:

By agreement between the parties

tdlawyer :

Okay. Then can you reach agreement about this do you think?

tdlawyer :

It seems that there are two grounds on which you could challenge what they're proposing to do. (1) that you have no agreed it in the party wall agreement and thus it cannot be done and (2) that it would amount to a nuisance and interfere with your reasonable enjoyment of your property.

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