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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10227
Experience:  I have been practising for 30 years.
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Ive inherited a property with a barn which has a blower

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Ive inherited a property with a barn which has a blower attached to a wall going into another farmers barn, the property was originally given to my late partner by his uncle that owns the second barn that the blower blows into, however im selling the oropeerty and want the blower taken out of my barn but his uncle doesent want to remove it, am i right thinking as its fitted to a wall that its a fixture and i can have it removed myself ?

Hello for clarification - whats the reason the uncle doesn't want the blower removed?

Customer: replied 27 days ago.
He still uses it but my house buyers dont want it there.

Can you please explain exactly what this blower is and does? I am struggling to see why you cannot just take it out and block up the hole.

It potentially be different if the blower belonged to a neighbour and came into your property but not if it’s in your property and going into the neighbouring property.

Imagine this is a gutter on your property which overhangs the neighbour: I can’t see any problem with you removing it and I can’t see why the neighbour would want it to remain.

Customer: replied 27 days ago.
The blower goes through a hole in the wall into his barn to dry his crops out he gets in from the land he owns, however as its in my barn does it still belong to him or is it now mine and i can do what i want with it ?

Thank you. What benefit do you get from this? It seems that you only have the burden.

Customer: replied 27 days ago.
i get no benefit

What seems to have happened here is that this is the neighbours blower which was some reason was installed on what is now your property.

This is where it gets complicated.

Anything which is attached to the land becomes part of the land and therefore it belongs to you. You can therefore do what you like with it as it is a fixture.

On the other hand, he will claim that it belongs to him and he is entitled to an easement for it being in place.

However, in the absence of an agreement for it to be in place needed to have been there without consent and without objection and not in secret for more than 20 years to claim an easement. It seems unlikely that he has simply put this there without consent or objection and certainly not in secret and therefore, as it appears that he has consent, then he has the blower there on a licence and the licence can be revoked on reasonable notice.

Hence, if it’s your blower, you can remove it and if it’s his blower, you can ask him to remove it on reasonable notice which would probably be three months.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 27 days ago.
if he had permission to have it there by my late partner does that mean he automatically has mt permission now the house has transferred to my name ?

If he has permission, then he acquires no rights to have an easement. The blower is in place on a licence and the licence can be revoked. He would have had to have no permission and have it in place for 20 years without consent or objection and not in secret, before he can claim an easement for it to remain.

It is only there with permission of the previous owner and you inherit that permission until such time as you give him notice that the permission is withdrawn.

F E Smith and other Law Specialists are ready to help you
Customer: replied 27 days ago.
Okay i get it, Thanks for your help.