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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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My neighbour's gas flue projects 5 to 6 inches over the

Customer Question

Cecil. My neighbour's gas flue projects 5 to 6 inches over the boundary and discharges effluent. What are my rights?
JA: Thanks. Can you give me any more details about your issue?
Customer: The gas flue is plastic. It sticls out of the neighbour's wall onto my drive. The wall is the boudary
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Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.

Let me see if I can help and please rate positive.

If the flue projects over your land (whether it is 5 or 6 inches does not matter - it could be 1 inch), the key question is whether the flue is original or a later alteration. If it was a later alteration it is a trespass and you would be able to force your neighbour to remove it by taking legal action. If it is original then it is likely to have a right to remain there. Section 2(2)(g) of the Party Wall Act gives you the right to cut away anything that projects over your land; including flues. I would write to them and put them on notice that this is trespass. I hope that this helps. Please rate positive. Thanks

Expert:  Thomas Judge replied 1 year ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you