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My neighbour's gas flue projects 5 to 6 inches over the

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Cecil. My neighbour's gas...

Cecil. My neighbour's gas flue projects 5 to 6 inches over the boundary and discharges effluent. What are my rights?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

The gas flue is plastic. It sticls out of the neighbour's wall onto my drive. The wall is the boudary

Submitted: 2 years ago.Category: UK Property Law
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Answered in 50 minutes by:
2/25/2016
Solicitor: Thomas Judge, solicitor Advocate replied 2 years ago
Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33,992
Experience: award winning lawyer with over 15 years experience
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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

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Solicitor: Thomas Judge, solicitor Advocate replied 2 years ago
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