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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My next door neighbours have put spikes to deter seagulls all

Resolved Question:

My next door neighbours have put spikes to deter seagulls all over a shared chimney without consulting us ! Can they do this ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Have you asked why please?Alex
Customer: replied 1 year ago.
They want to deter the seagulls from landing on chimney
Expert:  Ash replied 1 year ago.
OK - then no they cant do this. They need your permission.This is a joint chimney so you own it as well.So they must get your permission.Can I clarify anything for you about this today please?Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
That's what I thought . Thank you for your prompt reply .
Chris Jarman
Expert:  Ash replied 1 year ago.
Good luck Chris. Alex
Customer: replied 1 year ago.
Sorry just one more question , can they put spikes on their half ?
Chris Jarman
Customer: replied 1 year ago.
Sorry just one more question ! Can they put spikes on their half
Thank you Chris Jarman
Customer: replied 1 year ago.
Sorry sent same question twice !
Expert:  Ash replied 1 year ago.
Their half, no as its joint. Alex
Customer: replied 1 year ago.
Thank you so much , the reason for my concern ... I have a pair that return every year and I put a large bowl of water out for them so I'm quite protective of them .
Chris Jarman
Expert:  Ash replied 1 year ago.
Indeed. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Customer: replied 1 year ago.
Hi Alex , can you please email me my questions and your answers as one letter / document .
Signed by you in order to show the offending party!
Expert:  Ash replied 1 year ago.
Sadly not. This is a question and answer site only. I can not be instructed by you as per the disclaimer and terms and conditions.If you need a letter sending or formal written advice you have to instruct a Solicitor direct which would be more expensive.Can I clarify anything else?Alex
Customer: replied 1 year ago.
Thank you for getting back to me again . The neighbours said they would take them down but so far nothing has happened ! My husband spoke to a surveyor and he said we have know rights at all , so I'm really confused now !
Customer: replied 1 year ago.
Please confirm there isn't anything they can do without our permission !
Expert:  Ash replied 1 year ago.
Correct. If its joint they need permission.Does that clarify?Alex
Customer: replied 1 year ago.
Two semidetached bungalows joined together with a party wall, the party wall has a chimney stack in the middle of it, (it used to have four chimneys running through it, all four are now disused and the two fireplaces in each bungalow have all been removed). The chimney stack has had the pots removed and has been concreated over offering a flat top to the stack.
It is understood that this party wall and chimney stack is jointly owned by both bungalow owners (parties).
One bungalow owner has had the top of the chimney stack covered in 6” spikes to stop birds landing on it. This was done without a word to the other bungalow owner who does not want the spikes on the chimney stack.
Question 1: Shouldn’t the bungalow owner putting up the spikes at least have had the decency to confer with the other owner about what he intended to do as the chimney stack is shared property?
Question 2: Is the bungalow owner putting up the spikes allowed to even do this without the other owner’s permission?
Question 3: Is the bungalow owner putting up the spikes doing it illegally by not getting the other owners permission?
Question 4: Do both parties have to agree before the spikes are put up? If there is no agreement between the parties to put up the spikes, then can the one wanting the spikes still do it, even if the other party says no? Or is the party wanting the spikes then not allowed to do it as there is no agreement?
Question 5: If the party wanting the spikes is not allowed to do this without the other parties agreement can the party that does not want them have them taken down?Virus-free. www.avast.com

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