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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 288
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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Our home was bought off plan 3 years ago. We moved into our

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Hi there,
our home was bought off plan 3 years ago. We moved into our home before our neighbours.
When their home was vacant (not yet sold) we installed a gas fire into our living room. The only problem is that the side of our house where the flute from the fire comes is actually in the neighbour's boundary. It is only at the side of their house next to their garage.
We have fallen out with the neighbours and now then are asking us to remove the flute from our fire as they are stating it protrudes into their boundary.
We have had the flute there for over 3 years and we feel they are only asking us to remove it now as we have fallen out.
Please confirm what are our options? Do we have to remove it? If so, could we maybe create a new flute which goes up the side of our wall and exhausts the fumes from the fire into the air and not in the neighbour's garden.
Please advise.

If the flue overhangs the boundary it is trespass. If you do not remove it the neighbour could apply for a court order. Although the court may only grant the order if the infringement is sufficiently serious.

As to the proposed replacement, you should discuss that proposal with a building regs officer to ensure it is compliant with building regs.

Customer: replied 1 year ago.
Hi there,thanks for the reply.So if the court deems the infringement is not serious they may decline the application for us to remove it?Would it be unusual for this type of claim to be dismissed?thanksMichael


The answer to your first question is yes.

Regarding, your second question, I cannot tell you the odds of success, each case is decided on its facts.

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