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Ask wingrovebuyer Your Own Question
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 737
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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When we moved into our house there was already a flue from a

Customer Question

When we moved into our house there was already a flue from a gas fire that exited our house over the neighbours drive (who previously owned our house and had therefore put the flue in place themselves) 5 years ago the fire was broken and replaced as was the flue, like for like. Our neighbour is now requesting we remove the flue. Given that like was replaced with like and was in place when we bought the house from our now neighbour, where do we stand?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. Did your neighbour own both properties at any point, or did they sell your house and buy next door at the same time?
Customer: replied 2 years ago.
Our house and the adjacent drive were owned by our neighbour as one property, the house was sold to us and the drive was kept by the previous owner, now our neighbour on which another property has been built
Expert:  wingrovebuyer replied 2 years ago.
Great, thanks. In essence, the neighbour sold you part of what they owned, with this flue already in place. Unless specifically excluded from the Transfer, when a property is sold in part, the Law of Property Act 1925 and the legal rule set out in Wheeldon v Burrowes imply easements for the benefit of the sold land, over the retained land. Accordingly, unless the sale to you expressly excluded these rules from operating, your purchase will have been with the benefit of the implied right to maintain the flue over the drive. This would include replacing it on a like for like basis. Accordingly, I susect you have every right to keep your flue exactly where it is. Best, WB