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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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My neighbour had an extension built 9.5 years ago and the soil

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My neighbour had an extension built 9.5 years ago and the soil pipe from the bathroom is on my property. I have asked them to move it but they refuse. I have been advised by tradesmen that this is illegal. What is the next step to get this forcibly removed? Do I need to take my neighbour to court - in which case how do I do this or, am I allowed to remove it myself as it is on my property?

Thank you for your question. My name is ***** ***** I will try to help with this.

When did you first ask him to remove it?
Customer: replied 3 years ago.

I said I wasn't happy when it first went up but was told by his builder and the building inspector from the council that it was ok.

We asked again in the summer last year and again a few months ago whenwe got planning permission for our own extension.

We had put trellis and plants up to disguise it but when our extension is complete it will be right next to our outdoor seating area and we don't want to be sitting next to a stench pipe.

Until he has had it in place without objection or consent, for more than 20 years, then it remains a trespass. You are entitled to take him to court to get an injunction to make him remove the trespass or/and to pay you compensation. The court would decide whether it was appropriate to pay compensation or make him move the trespass. For example, the court would not make someone demolish a building (although they have the power to do so would generally award compensation. In this case because moving the soil pipe would appear to be not to owner us, it is highly likely that the court would order the pipe moved. The neighbour will probably take more notice if a solicitor writes to him telling him what I have just told you and that if he doesn’t get the pipe moved within a reasonable period of time he will end up in court trying to defend an injunction application and an application for costs.

Can I clarify anything for you?

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