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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10238
Experience:  I have been practising for 30 years.
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I am speaking on behalf of Craig who live with and look

Customer Question

Hello my name is***** i am speaking on behalf of Craig Watson who live with and look after and care for, he is at the moment having a problem with our neighbours who want him to move a unit that he has just had installed to the outside of his property and the neighbour said its an eye sore and wants it moved or he will put up a fence that will block the unit from his sight which will then cause the unit to not perform, the unit is on Craig's property it is located at the side of the house the unit in question is a Ecodan air source heat pump that will supply heating for the home and is backed by the Government, the air pump only blows cold air nothing else, unfortunately there was no where else on the house it could have been place , Mr Watson has tried to reason with the neighbour on numerous times saying he is willing to have a cupboard put over it but the neighbour said that was not good enough
Craig suffers from a illness that was caused in a car accident when he was very young and can not deal with any stress unfortunately his trouble with the neighbours is making Craig ill ie panic attacks, crying, and running back and forward to the toilet and also making him vomit something needs to be done but we don't know how to deal with the problem and wondered if you could support us in this matter.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Provided the unit is completely on Craigs property and does not overhang the neighbours property/boundary, then the neighbour is not entitled to ask for it to be removed just because he doesn’t like the look of it. There may be a planning permission issue but I think it unlikely. There may also be a covenant on the deeds of the property preventing this but I think that also unlikely.

However if it blows air out over the neighbour’s property, and the neighbour claims that it is a nuisance, the neighbour can apply to court to get that stopped. Assuming that it isn’t nuisance, and he simply does not like looking at it, the neighbour is also entitled to put a fence panel or board or whatever up on the boundary so that he doesn’t have to look at it. If that stops the vent working, that is unfortunate and there is nothing that Craig can do about that.

I’m sorry, I wish I could give you a more favourable answer but that is the situation.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

Customer: replied 1 year ago.
Thank you for your answer sorry it took me so long.
Expert:  F E Smith replied 1 year ago.

I am glad to have helped.. Before you leave the site (the thread does remain open if you come back) you please make sure that you rate the service positive otherwise I don’t get paid. Thank you. Best wishes.