Neighbours creating holes in our party wall without permission

[Alex]

Sadly my mum became very ill with a brain tumour about 2 1/2 years ago
and at time my property developing neighbour made a hole in a ground
level party wall to drain the gas fumes from their boiler into my
courtyard, a few feet from my daughters bedroom window and about 10 ft
from my bedroom window. To be honest, I wouldn't have noticed if they
had built a fun fair in my bedroom as at the time I was travelling from
Surrey to Wales on a twice weekly basis to visit my mum in hospital.

The property was sold and as soon as the new owners moved in and turned
on the boiler it became impossible for my daughter to open her bedroom
window or for me to open mine without the room filling with gas fumes.
After living in my house for 20 years, it also became impossible to sit
in my lovely courtyard without being blasted with horrible fumes.

I advised the owners of this but they have done nothing apart from fob
me off. To make matters even worse, they opened a 2nd hole in the
party wall and installed a noisy and smelly extractor fan from their
kitchen. They have kept promising to sort things out but it has now
been nearly 2 years and nothing has been done!

Their deeds state that 'they must not open any window, apature or other
opening below first floor level in the wall' but this has been ignored.
The title deeds also state that 'all division walls shall belong to the
respective adjoining owners in vertically divided halves - blah blah',
but this has also been ignored.

I can't afford a solicitor and have written to my neighbours, who have
now let the property to tenants who are intending to buy the property.
The tenants have threatened to sue me if I close either hole but I have
now given the owners 17 days notice that I will personally close the
hole for the kitchen extractor fan and 2 months notice for them to
remove the gas flue or I will block the flue putting their boiler out
of action.

Please tell me whether you think that I am acting reasonably? To be
honest I am very scared and don't know whether I will end up being sued
- although I feel that I am in the right and that they have taken
advantage of the fact that I am a single mother in horrible
circumstances.

Unfortunately my business has run down due to having to look after my
mum for 18 months (she has now died) and my cash reserves are virtually
nil. I am terrified about losing my house if I am sued. However, I
cannot live with the horrible gas fumes or cooking smells any longer
and believe that if my neighbours were really going to do something,
they would have done it by now.

Environmental health were no help at all as they said that as the
boiler was installed by a Corgi gas registered fitter, it must be
legal.

Please help as I am desperate for some advice.

Thanks in advance

[John Stumbles]

Post by Alex
Sadly my mum became very ill with a brain tumour about 2 1/2 years ago
and at time my property developing neighbour made a hole in a ground
level party wall to drain the gas fumes from their boiler into my
courtyard, a few feet from my daughters bedroom window and about 10 ft
from my bedroom window.

'Drain' the gas fumes? I assume you mean the flue from their boiler.

The positioning of boiler flues is governed by BS5440:1 and Building
Regulations Part J "Combustion appliances and fuel storage systems". Both
documents contain a diagram and table showing minimum distances from flues
to opening windows etc. If the flue is closer than permitted from any of
your windows and products of combustion are entering your house there is an
Unsafe Situation which would be classed as Immediately Dangerous requiring
the offending appliance to be made safe e.g. shut down and disconnected
from the gas. If the owner doesn't want to do this the gas supply can be
cut off to remove the danger.

Using it knowing that it is unsafe is a criminal offence under the Gas
Safety Installation and Use Regulations
http://www.opsi.gov.uk/si/si1998/19982451.htm
"34 (1) The responsible person for any premises shall not use a gas
appliance or permit a gas appliance to be used if at any time he knows or
has reason to suspect that it cannot be used without constituting a danger
to any person."

Fitting it that way is covered by:
"27 (5) No person shall install a flue other than in a safe position."

However in any installation the flue must be far enough away from a boundary
that if the neighbour were to build right up to the boundary line the flue
would still be OK, and from your description this is clearly not the case.

Post by Alex
The property was sold and as soon as the new owners moved in and turned
on the boiler it became impossible for my daughter to open her bedroom
window or for me to open mine without the room filling with gas fumes.

Phone Transo (0800 111 999) and tell them about the fumes entering your
house. I'm not 100% sure they'll deal with this (they certainly deal with
any reports of gas escaping). Otherwise contact CORGI, explain about the
flue and the fumes and ask them to get their regional inspector to visit.
Or get (and pay for) a CORGI registered installer to visit and advise you,
and to report it to CORGI for you (if you want to say that it wasn't you
who reported it).

[Hollis]

Post by John Stumbles

Post by Alex
Sadly my mum became very ill with a brain tumour about 2 1/2 years ago
and at time my property developing neighbour made a hole in a ground
level party wall to drain the gas fumes from their boiler into my
courtyard, a few feet from my daughters bedroom window and about 10 ft
from my bedroom window.

'Drain' the gas fumes? I assume you mean the flue from their boiler.
The positioning of boiler flues is governed by BS5440:1 and Building
Regulations Part J "Combustion appliances and fuel storage systems". Both
documents contain a diagram and table showing minimum distances from flues
to opening windows etc. If the flue is closer than permitted from any of
your windows and products of combustion are entering your house there is an
Unsafe Situation which would be classed as Immediately Dangerous requiring
the offending appliance to be made safe e.g. shut down and disconnected
from the gas. If the owner doesn't want to do this the gas supply can be
cut off to remove the danger.
Using it knowing that it is unsafe is a criminal offence under the Gas
Safety Installation and Use Regulations
http://www.opsi.gov.uk/si/si1998/19982451.htm
"34 (1) The responsible person for any premises shall not use a gas
appliance or permit a gas appliance to be used if at any time he knows or
has reason to suspect that it cannot be used without constituting a danger
to any person."
"27 (5) No person shall install a flue other than in a safe position."
However in any installation the flue must be far enough away from a boundary
that if the neighbour were to build right up to the boundary line the flue
would still be OK, and from your description this is clearly not the case.

Post by Alex
The property was sold and as soon as the new owners moved in and turned
on the boiler it became impossible for my daughter to open her bedroom
window or for me to open mine without the room filling with gas fumes.

Phone Transo (0800 111 999) and tell them about the fumes entering your
house. I'm not 100% sure they'll deal with this (they certainly deal with
any reports of gas escaping). Otherwise contact CORGI, explain about the
flue and the fumes and ask them to get their regional inspector to visit.
Or get (and pay for) a CORGI registered installer to visit and advise you,
and to report it to CORGI for you (if you want to say that it wasn't you
who reported it).

Alex,

I'm neither a lawyer nor an engineer and I can't improve on this apparently
impeccable advice. I do however sense a certain desperation in your post -
not uncommon in neighbour disputes.

You say that:
---
The tenants have threatened to sue me if I close either hole but I have
now given the owners 17 days notice that I will personally close the
hole for the kitchen extractor fan and 2 months notice for them to
remove the gas flue or I will block the flue putting their boiler out
of action.
---
I really wouldn't do this. There are cases where self-abatement is valid -
and *if* your daughter's heath is at risk this may well be one of them - but
it's a risky remedy, especially if you don't know what you're doing with
gas. Do what John suggests; get technical reports and then seek legal
advice. Keep an accurate and dispassionate note of your communications with
your neighbours.

The way to proceed with these disputes is to try to filter out your own
anxiety and to present your case as it might be seen by a reasonable third
person. It's a difficult and clinical thing to do when you're feeling
anxious but it's the way these things are ultimately assessed. It seems
unfair, but your conviction of your case, if that affects how you express
yourself, may serve to undermine how others see it. Good luck.

[Alex]

I think you are right here. My emotional plees for my neighbour to be
fair and reasonable have had no result whatsoever in 2 years! Problem
is that I have been desperately trying to avoid a full blown neighbour
fight and have so wanted to believe my sweet talking neighbour when he
says, or writes that he promises that he is doing everything in his
power to sort things out quickly.

I will contact Transco / The gas board tomorrow. The thing is that I
am terrified that if I take this step there will then be no chance at
all to sort things out amicably.

Thanks again for your help.

[Stuart A. Bronstein]

Post by Alex
I think you are right here. My emotional plees for my neighbour
to be fair and reasonable have had no result whatsoever in 2
years! Problem is that I have been desperately trying to avoid
a full blown neighbour fight and have so wanted to believe my
sweet talking neighbour when he says, or writes that he promises
that he is doing everything in his power to sort things out
quickly.

Your neighbour may feel, since you are being so nice about it, that
he can take all the time he wants. If he receives a solicitor's
[tactful] letter and realizes that he may have to pay out money if he
doesn't get things sorted out quickly, he may well become more
cooperative.

Post by Alex
I will contact Transco / The gas board tomorrow. The thing is
that I am terrified that if I take this step there will then be
no chance at all to sort things out amicably.

There are ways of dealing with disputes without having them turn into
nuclear war. For example, you might casually mention to him that
your solicitor thinks it's been taking longer than he would expect,
that might make him realize that he'd better shape up.

Stu

[Alex]

Thank you so much for your help. I have written and sent the letter
below to my neighbour.

I would be grateful if you wouldn't mind reading it and giving me your
opinion on whether it is worth me waiting a couple of days before
contacting Transco / Corgi in case (by a miracle!) things can be sorted
out amicably? Also, would I be wise to contact a solicitor for advice
immediately?. Thanks again for your help x
-----------------------------------------------------------------------------------------------------------------------------

I am formally writing to you as I have reached the end of my patience
regarding the inconsiderate and illegal siting of your gas flues and
kitchen extractor fan. As you are aware, I am unable to open any
windows to the rear of my property without my entire house filling with
cooking smells and gas. For the past two years, I have also been unable
to sit in my lovely courtyard at all for the same reason.

I had hoped that it would not come to this but I now have no
alternative but to give you formal notice that I intend to close the
hole you created to vent your cooking smells via a noisy extractor fan
from XXX's kitchen over my property. I will be closing this hole on
11th June 2005 and no further notice will be given.

I also advise you that I am giving you formal notice to remove the
dangerous gas flues that blow directly into my child's bedroom when
her window is opened, by 24th July 2005. The holes must also be filled
in completely.

I remind you that XXX, registered Corgi Gas Fitter and two builders
declared this an unsafe and illegal gas installation in December 2004.
The only reason I did not take action at this time is that I believed
that you would honour your promise of sorting things out quickly.

Using your boiler, knowing that it is unsafe is a criminal offence
under the Gas
Safety Installation and Use Regulations. "34 (1) The responsible
person for any premises shall not use a gas appliance or permit a gas
appliance to be used if at any time he knows or
has reason to suspect that it cannot be used without constituting a
danger
to any person."

I will be contacting the Gas Board and Environmental Health about this
matter shortly and bring to your attention that they may take the
decision to immediately close the boiler down.

I first wrote to you about this on the 13th June 2003 but although you
have given your word on numerous occasions to rectify the situation,
the end result is that nothing has been done at all, despite my many
e-mails and phone calls.

I attach a copy of my original letter as a reminder of how this
situation impacts on me and my child's day to day living and what we
have had to endure for over two years.

I have no wish to enter into litigation regarding these matters but if
we cannot agree an amicable action plan in the very near future, I
will have no other option than to contact a solicitor. Aside from the
above problems, opening apertures in the party wall clearly
contravenes what is stated in the title deeds and I am determined that
they be closed as soon as possible. You would be liable for these
expenses.

I would appreciate an early response to this letter.
_________________________________________________________________

One last question - can I legally close the hole made, without my
permission to vent the kitchen fumes over my property or am I likely to
get into huge trouble?

[Peter Parry]

On Wed, 25 May 2005 14:45:04 +0100, "Alex"

Post by Alex
Thank you so much for your help. I have written and sent the letter
below to my neighbour.

If you have not yet sent it please don't and some alternatives can be
suggested. If you have it is too late. This type of rambling and
subjective missive really doesn't achieve anything I'm afraid.

[Hollis]

"Peter Parry" <***@wpp.ltd.uk> wrote > >Thank you so much for your help.
I have written and sent the letter

Post by Peter Parry

Post by Alex
below to my neighbour.

If you have not yet sent it please don't and some alternatives can be
suggested. If you have it is too late. This type of rambling and
subjective missive really doesn't achieve anything I'm afraid.
I remind you that XXX, registered Corgi Gas Fitter and two builders
declared this an unsafe and illegal gas installation in December 2004.
The only reason I did not take action at this time is that I believed
that you would honour your promise of sorting things out quickly.

This info wasn't in your original post - I don't know what force these
opinions carry but why not arm yourself with the technical info John
recommended and proceed from there? It may well be that Env Health will do
the enforcement for you. (You originally said you'd had one unsatisfactory
phone conversation with Env Health - was this on the basis of these
opinions?)

Post by Peter Parry
I had hoped that it would not come to this but I now have no
alternative but to give you formal notice that I intend to close the
hole you created to vent your cooking smells via a noisy extractor fan
from XXX's kitchen over my property. I will be closing this hole on
11th June 2005 and no further notice will be given.

No no no no no. No.

[Alex]

Too late I am afraid!

[Stuart A. Bronstein]

Post by Alex
Too late I am afraid!

As long as you don't attempt to block the hole without proper
authority, I don't think you've made the situation worse.

Stu

[Alex]

Post by Stuart A. Bronstein

Post by Alex
Too late I am afraid!

As long as you don't attempt to block the hole without proper
authority, I don't think you've made the situation worse.
Stu

I have given my neighbours until the 11th June to close the kitchen
extractor opening and until 24th July to close the gas flue openings.
Which I think is fair.

I contacted the gas board but the laws have now changed and apparently
it is now quite OK to pump spent gas emmissions into someone's bedroom
- as they are not poisonous! Also - you can now put a gas vent as close
as 300mm to an open window.

I contacted Environmental health, who passed me to planning
enforcement, who passed me to building control, who passed me to
environmental health, +, +, +!! They have now told me to write in to
all 3 departments as it seems that all 3 would be involved. Clearly
none are interested though.

My only hope now is to contact a solicitor and try to enforce the deed
of rectification which states that no openings are allowed to be made
in this wall.

Questions please - as both openings were made in a party wall (this is
how the wall is refered to in the deeds) without my permission,
contrary to clear information stated in the property deeds and with no
notice - surely it would be extremely difficult for my neighbours to
sue me if I close the openings after the notice period I have given
them? Surely it would be up to them to disconnect any equipment
affected by having no outlet?

If I did pay a solicitor to sort things out - would my neighbour be
liable for these costs? - assuming that the information in the deeds
was enforcable.

Thanks again for your help

Alexandra

[PeteM]

Post by Alex

Post by Stuart A. Bronstein

Post by Alex
Too late I am afraid!

As long as you don't attempt to block the hole without proper
authority, I don't think you've made the situation worse.
Stu

I have given my neighbours until the 11th June to close the kitchen
extractor opening and until 24th July to close the gas flue openings.
Which I think is fair.
I contacted the gas board but the laws have now changed and apparently
it is now quite OK to pump spent gas emmissions into someone's bedroom
- as they are not poisonous! Also - you can now put a gas vent as close
as 300mm to an open window.

No.

The document you need is "Building regulations - Combustion appliances
and fuel storage systems - Approved Document J". It is, or was,
available from the Office of the Deputy Prime Minister's website.

Get this and look at the diagram on page 42 and the table on page 43.
You will find that minimum separation distances between gas flue outlets
and a facing property *boundary* (not window) is 600mm.

It sounds to me as though your neighbours have installed the flue
actually *on* the boundary, which is clearly against the building
regulations by a margin of exactly 600mm.

I have had exactly this problem with my neighbours, who were considerate
enough (after I produced this document) to move the flue; although not
considerate enough to have put it somewhere other than opposite my
window in the first place.

[John Stumbles]

Post by Alex

Post by Stuart A. Bronstein

Post by Alex
Too late I am afraid!

As long as you don't attempt to block the hole without proper
authority, I don't think you've made the situation worse.
Stu

I have given my neighbours until the 11th June to close the kitchen
extractor opening and until 24th July to close the gas flue openings.
Which I think is fair.
I contacted the gas board but the laws have now changed and apparently
it is now quite OK to pump spent gas emmissions into someone's bedroom

No it is not OK - se below

Post by Alex
- as they are not poisonous!

Possibly not poisonous per se, but I think the high level of CO2 can cause
asphyxiation.

Post by Alex
Also - you can now put a gas vent as close as 300mm to an open window.

That's for a flue terminal on the same wall as the window: the regs say it
also has to be at least 600mm from a boundary.

By 'The Regs' I mean BS5440:1(2000). Gas installations must comply with this
(amongst other) standards. The standard says this:
<quote>
9.2 Installation
9.2.1 Termination
The terminal shall be positioned so that combustion products can safely
disperse at all times.
</quote>
and
<quote>
COMMENTARY AND RECOMMENDATIONS ON 9.2.1.
The terminal should be positioned so that the combustion products do not
cause a nuisance, for example the terminal should not be positioned onto a
passageway, pathway or over adjoining property.

When locating a fanned flued room sealed appliance, the position of the
terminal should be such as to minimize the risk of re-entry of combustion
products through openable windows, vents etc. of opposite or adjacent
properties....

It is recommended that a fanned flue terminal should be positioned as
follows: a) at least 2 m from an opening in a building directly opposite;
and b) so that the products of combustion are not directed to discharge
across a boundary.
</quote>

Post by Alex
I contacted Environmental health, who passed me to planning
enforcement, who passed me to building control, who passed me to
environmental health, +, +, +!! They have now told me to write in to
all 3 departments as it seems that all 3 would be involved. Clearly
none are interested though.

Have you contacted Transco?
Have you contacted CORGI?
If not, why not?

[John Stumbles]

Post by PeteM
The document you need is "Building regulations - Combustion appliances
and fuel storage systems - Approved Document J".
By 'The Regs' I mean BS5440:1(2000).

Just to clear up any confusion here the Building Regs Approved Document
PeteM quotes and the British Standard I quote say the same thing, and are
intended to. AIUI the AD is the practical/poor man's version of the BS:
shorter, more to the point, and free.

[Tracy]

Post by Alex
Alexandra

Alexandra!! Stick with the guys here, they are all talking sense!! Copy and
paste all the appropriate stuff and contact relevant bodies.

In the meantime, stay cool and focused - GOOD LUCK TO YOU, DEAR LADY!!!!!!!

[Sanni Abacha]

On Wed, 25 May 2005 14:45:04 +0100, "Alex"

Post by Alex
One last question - can I legally close the hole made, without my
permission to vent the kitchen fumes over my property or am I likely to
get into huge trouble?

It could be very dangerous to block a vent. I wouldn't go that far if
I were you when it would be so much easier to punch the bloke on the
nose or if he is bigger than you care to tackle wack him with a bat.
pete

[Jez T]

Don't ramble and stick to the point.

"""""""""""""""""""""""""""""""""""""""""""""""
Dear ...

XXX, registered Corgi Gas Fitter and two builders YYY and ZZZ
declared your gas installation to be unsafe in December 2004.

Please ensure that you make your gas installation safe within 7 days.
"""""""""""""""""""""""""""""""""""""""""""""""

Polite, to the point, and not open to misinterpretation. It might help if
you enclosed a copy of these reports.

If they fail to do so, make sure you report it to Transco / Corgi / council
planning people / etc.

Post by Alex
Thank you so much for your help. I have written and sent the letter
below to my neighbour.
I would be grateful if you wouldn't mind reading it and giving me your
opinion on whether it is worth me waiting a couple of days before
contacting Transco / Corgi in case (by a miracle!) things can be sorted
out amicably? Also, would I be wise to contact a solicitor for advice
immediately?. Thanks again for your help x
-----------------------------------------------------------------------------------------------------------------------------
I am formally writing to you as I have reached the end of my patience
regarding the inconsiderate and illegal siting of your gas flues and
kitchen extractor fan. As you are aware, I am unable to open any
windows to the rear of my property without my entire house filling with
cooking smells and gas. For the past two years, I have also been unable
to sit in my lovely courtyard at all for the same reason.
I had hoped that it would not come to this but I now have no
alternative but to give you formal notice that I intend to close the
hole you created to vent your cooking smells via a noisy extractor fan
from XXX's kitchen over my property. I will be closing this hole on
11th June 2005 and no further notice will be given.
I also advise you that I am giving you formal notice to remove the
dangerous gas flues that blow directly into my child's bedroom when
her window is opened, by 24th July 2005. The holes must also be filled
in completely.
I remind you that XXX, registered Corgi Gas Fitter and two builders
declared this an unsafe and illegal gas installation in December 2004.
The only reason I did not take action at this time is that I believed
that you would honour your promise of sorting things out quickly.
Using your boiler, knowing that it is unsafe is a criminal offence
under the Gas
Safety Installation and Use Regulations. "34 (1) The responsible
person for any premises shall not use a gas appliance or permit a gas
appliance to be used if at any time he knows or
has reason to suspect that it cannot be used without constituting a danger
to any person."
I will be contacting the Gas Board and Environmental Health about this
matter shortly and bring to your attention that they may take the
decision to immediately close the boiler down.
I first wrote to you about this on the 13th June 2003 but although you
have given your word on numerous occasions to rectify the situation,
the end result is that nothing has been done at all, despite my many
e-mails and phone calls.
I attach a copy of my original letter as a reminder of how this
situation impacts on me and my child's day to day living and what we
have had to endure for over two years.
I have no wish to enter into litigation regarding these matters but if
we cannot agree an amicable action plan in the very near future, I
will have no other option than to contact a solicitor. Aside from the
above problems, opening apertures in the party wall clearly
contravenes what is stated in the title deeds and I am determined that
they be closed as soon as possible. You would be liable for these
expenses.
I would appreciate an early response to this letter.
_________________________________________________________________
One last question - can I legally close the hole made, without my
permission to vent the kitchen fumes over my property or am I likely to
get into huge trouble?

[John Stumbles]

Post by John Stumbles
Phone Transo (0800 111 999) and tell them about the fumes entering your
house. I'm not 100% sure they'll deal with this (they certainly deal with
any reports of gas escaping). Otherwise contact CORGI, explain about the
flue and the fumes and ask them to get their regional inspector to visit.
Or get (and pay for) a CORGI registered installer to visit and advise you,
and to report it to CORGI for you (if you want to say that it wasn't you
who reported it).

Bzzzt! not 'report it to CORGI' - it's not up to them to take action.
(Sorry, was late when I posted)

Transco has the authority to disconnect the supply to a property if
necessary to make a situation safe. The Health and Safety executive may
also get involved, particularly if the work has been done so badly that it
warrants raising a 'RIDDOR' report.

Health and Safety Executive Gas Safety advice line on 0800 300 363

http://www.corgi-gas-safety.com/section_gas_law/the_law.asp

[Socrates]

Their deeds state that 'they must not open any window, apature or other
opening below first floor level in the wall' but this has been ignored

Then they are trespasssing. It would not however be sensible to block up the flue extractor, but if this is a cheaper option than going to court and it has been cut through a party wall then you would have the right to block it up after giving them reasonable notice to remove the flue.

Any window cut into the party wall would also be a trespass as you cannot put a window in a party wall without the adjoining owner's written consent. The party wall would extend from the ground up, to where it is no longer considered to be a shared wall - usually that point is where your property meets theirs - and everything above this level is not party so windows can appear from say the 1st of 2nd floor level upwards, but not below the 1st floor level or wherever your roof line meets the wall.

You will also be able to claim damages in nuisance as a result of the trespass because you are not able to enjoy your own land. If the would-be-tenants are notified of this I think they would have second thoughts about buying the property.



www.homepage-link.to/justice
http://www.homepage-link.to/justice/bailiffs/
Michael Stone FINALLY Confesses:
www.homepage-link.to/justice/judgements/stone/daley-testimony.html

[Alex]

Thank you - You made some very good points. My action plan is now to
contact the gas board, then contact a solicitor as hopefully I have a
pretty cast iron case about my neighbours ignoring the deed of
rectification that says that no openings can be made in the wall.

I have not been able to enjoy my land or home (when it has any windows
open) for the last 2 years but I still would have prefered to sort
this out amicably. It seems that I have no choice but to go the
litigation route . Being forced into this position I will certainly
claim damages if only to cover the huge solicitors bill!

[John Stumbles]

Post by Alex
Thank you - You made some very good points. My action plan is now to
contact the gas board, then contact a solicitor as hopefully I have a
pretty cast iron case about my neighbours ignoring the deed of
rectification that says that no openings can be made in the wall.
I have not been able to enjoy my land or home (when it has any windows
open) for the last 2 years but I still would have prefered to sort
this out amicably. It seems that I have no choice but to go the
litigation route . Being forced into this position I will certainly
claim damages if only to cover the huge solicitors bill!

You _do_ have a choice other than the litigation route, and that's to get
Transo or your local CORGI inspector in wrt the boiler flue. If it's
hazardous it should be shut down by law.

Having shown them that you mean business dealing with the flue may help
concentrate their minds on the issue of the extractor vent and perhaps save
you having to resort to litigation there, too.

[Random Observer]

"Then they are trespasssing. It would not however be sensible to block
up the flue extractor, but if this is a cheaper option than going to
court and it has been cut through a party wall then you would have the
right to block it up after giving them reasonable notice to remove the
flue."

I thought about it that way too, but if one's action of blocking the
flue resulted in them gassing themselves, then I suspect the courts
would not look so fondly upon that!

It is almost like a neighbour sticking his hand past your fence while
you're hedge trimming and you accidentally chop off his arm. Wouldn't
you still be guilty of GBH?

Not trying to nitpick, just curious.

[Fred]

"Alex" <***@aitchison8.freeserve.co.uk> wrote in message news:***@g49g2000cwa.googlegroups.com...

<snip>

Post by Alex
Their deeds state that 'they must not open any window, apature or other
opening below first floor level in the wall' but this has been ignored.
The title deeds also state that 'all division walls shall belong to the
respective adjoining owners in vertically divided halves - blah blah',
but this has also been ignored.

<snip>

Such words in a deed or covenant are only worth the paper they are written
on if the owner of the covenant, or their heirs, can be traced. They must
also be willing to expend the effort in enforcing the covenant!

[Socrates]

Post by Alex
Their deeds state that 'they must not open any window, apature or other

opening below first floor level in the wall' but this has been ignored

If the wall you are referring to is actually a party wall, then they are trespasssing. The wall on the other side of your courtyard may not be a party wall as it is not a dividing wall - so you need to check. It would not however be sensible to block up the flue extractor, but if this is a cheaper option than going to court and it has been cut through a party wall then you would have the right to block it up after giving them reasonable notice to remove the flue.

Any window cut into the party wall would also be a trespass as you cannot put a window in a party wall without the adjoining owner's written consent. The party wall would extend from the ground up, to where it is no longer considered to be a shared wall - usually that point is where your property meets theirs - and everything above this level is not party so windows can appear from say the 1st of 2nd floor level upwards, but not below the 1st floor level or wherever your roof line meets the wall.

You will also be able to claim damages in nuisance as a result of the trespass because you are not able to enjoy your own land. If the would-be-tenants are notified of this I think they would have second thoughts about buying the property.

The convenant is binding upon any owners of the property, and you can enforce it.

www.homepage-link.to/justice
http://www.homepage-link.to/justice/bailiffs/
Michael Stone FINALLY Confesses:
www.homepage-link.to/justice/judgements/stone/daley-testimony.html

[Alex]

The mansion to which my little cottage is attached has been in my
family for 45 years. and was owned by my sister before it was sold
to the property developer. My sister and I took the decision to split
the properties in a more sensible way in 1988. There had been a window
in this wall previously but in exchange for some land, it was bricked
up to give me privacy and a deed of rectifcation was drawn up by us
sisters, to prevent any one making openings in the wall in the future.
The new owner seems to have ignored this completely - and he is a
solicitor!

If this means that me and my sister are owners of the covenant (not
sure what this is) then my luck might be in.

I feel sick at the thought of further nastiness in my life - but having
had such good advice from all the lovely people who have contacted me
about this, I am really thinking that I should contact a solicitor and
sue this horrid man who has completely taken advantage of me. He knew
my mum was dying and that he was in the wrong but he hasn't done
anything about it. Do you know of any good solicitors in the Kingston
upon Thames area please?

[Alex]

To everyone

I can't tell you how grateful and touched I am by all the incredibly
helpful advice I have received. My faith in human nature toward
strangers, has been completely restored!

Sadly I haven't heard anything back after e-mailing my letter to both
my neighbour (I am not sure where he is) and the British agents who are
responsible for letting the property, on Tuesday. It is now Saturday
and it would have been nice to have at least been acknowledged.

Corgi are not interested as they say that if it was installed by a
Corgi registered Gas fitter then it must be legal! They told me to
write to them about my concerns.

I have been told to write to Environmental Health, Planning Enforcement
and Building Control by these various departments, so my intention is
to write to them all - with photos showing the problem, copy of
legislation re gas installation and finally a copy of my deed of
rectification, and deeds proving that opening of any aperture in the
party wall was /is prohibited.

I have also contacted the Corgi Gas fitter who told me that the
installation is illegal. He says that although legislation has now
changed, at the very least the installation could be considered a
serious nuisance and in his opinion was illegal when he inspected it in
December 2004. I am trying to get him to write me a letter to this
effect but although on my side, he is very busy and I don't know if he
will.

I will also contact a solicitor when I have got these documents
together and having done the above - I will be able to demonstrate my
exact problem and also save them the bother of checking up to date
legislation.

Hopefully they will be able to advise me immediately about whether I
can close the kitchen extractor fan hole after 11th June - The smell of
dead cat curry is truly horrible!

I will put a letter together to send to all of the above and if you
don't mind, I will post it here for your approval BEFORE I send it.

I really don't understand why the authorities I have contacted are so
unhelpful - I am so relieved that I have all of you on my side.

Alex xxx

[Stuart A. Bronstein]

Post by Alex
Sadly I haven't heard anything back after e-mailing my letter to
both my neighbour (I am not sure where he is) and the British
agents who are responsible for letting the property, on Tuesday.
It is now Saturday and it would have been nice to have at least
been acknowledged.

I'm not surprised. Your neighbour is not likely to respond without
something more compelling.

Post by Alex
I will also contact a solicitor when I have got these documents
together and having done the above - I will be able to
demonstrate my exact problem and also save them the bother of
checking up to date legislation.

If the authorities don't do their jobs, initiating litigation may
be your only real recourse.

Post by Alex
Hopefully they will be able to advise me immediately about
whether I can close the kitchen extractor fan hole after 11th
June - The smell of dead cat curry is truly horrible!

While the authorities might be able to do so in their official
capacities, it is not likely that you will be able to do this
yourself without either an agreement from your neighbour or a court
order.

Post by Alex
I will put a letter together to send to all of the above and if
you don't mind, I will post it here for your approval BEFORE I
send it.

Good idea.

Good luck.

Stu

[PeteM]

Hopefully they will be able to advise me immediately about whether I can
close the kitchen extractor fan hole after 11th June - The smell of dead cat
curry is truly horrible!

At least you can block up the outlet on your side without being accused
of endangering the neighbours, which was not the case for the boiler
flue.

[John Stumbles]

Alex wrote:

...

Post by Alex
Corgi are not interested as they say that if it was installed by a
Corgi registered Gas fitter then it must be legal! They told me to
write to them about my concerns.

How do you know the installer _was_ CORGI registered? Did you see his
registration card (and check it to see that it was valid, and that he was
competent to install boilers at the time: that's what an installer's card
tells you)?

Post by Alex
I have also contacted the Corgi Gas fitter who told me that the
installation is illegal.

[I assume you mean /another/ rather than /the/ fitter.]

I suggest you contact CORGI again and ask for their regional inspector to
look at the installation. Tell them a registered installer has advised you
that it's installed illegally. Tell them that fumes enter your house from
the boiler. Whether it's been installed by an unregistered or a registered
fitter, it's the inspector's job to deal with it. Don't take No for an
answer (or get someone who won't take No for an answer and understands the
issues to do it for you).

And what about TRANSCO - what did they say?

[Alex]

I have contacted Transco who visited me and advised me that the
emissions from my neighbours gas flues are legal.

The health and safety gas advice line advised me to contact a
solicitor.

Having contacted Planning Enforcement, Building Control and
Environmental Health departments - they all advised me to write to
them as the problem seems to involve all three departments. None seemed
to be very interested to say the least. This is the letter I wish to
send to them. Please advise me of any changes you might recommend.
Thanks very much
---------------------------------------------------------

Further to my telephone conversation with your department last week, I
am writing to request your help and to clarify my problem.

2 1/2 years ago my neighbour created two apertures in a party wall at
ground level to house gas flues from their boiler which project spent
fumes directly over my property. These gas flues are situated a few
feet from my daughters bedroom window and about 10 ft from my bedroom
window. This was done without my permission.

The problem is that if either bedroom window is open, (particularly the
window closest), spent gas fumes are drawn into the room which creates
not just a nuisance but also a health risk. I am unable to use my
courtyard situated along side the party wall for the same reasons.

My neighbours also created a further aperture in the same party wall
and installed a kitchen extractor fan, which drains unpleasant fumes
into my courtyard and also into any of my open windows. This was also
done without my permission. I have tried to sort these matters out
amicably with my neighbour with no success unfortunately.

I believe that the gas installation in addition to the opening of three
apertures in the party wall is illegal for the following reasons:

The gas installation is clearly against building regulations set out in
"Building regulations - Combustion appliances and fuel storage systems
- Approved Document J.

"The minimum separation distances between gas flue outlets and a
facing property boundary is 600mm". As my neighbours have installed
the flue actually on the boundary, this is against the building
regulations by a margin of exactly 600mm.

BS5440:1(2000) states in 9.2 Installation, 9.2.1 Termination "The
terminal shall be positioned so that combustion products can safely
disperse at all times".

COMMENTARY AND RECOMMENDATIONS ON 9.2.1.
The terminal should be positioned so that the combustion products do
not
cause a nuisance, for example the terminal should not be positioned
onto a
passageway, pathway or over adjoining property.

When locating a fanned flued room sealed appliance, the position of the

terminal should be such as to minimize the risk of re-entry of
combustion
products through openable windows, vents etc. of opposite or adjacent
properties....

It is recommended that a fanned flue terminal should be positioned as
follows: a) at least 2 m from an opening in a building directly
opposite;
and b) so that the products of combustion are not directed to discharge

across a boundary.

Further - A deed of rectification was drawn up and added to the deeds
of both properties in 1998. It states that owners of the property in
question must 'Not to open or reopen any window, aperture or other
opening below first floor level in the wall'. This has clearly been
ignored.

The wall in question is a party wall and therefore creating apertures
in it without permission is trespass.

I attach two photographs to further illustrate the problem.

Please contact me ASAP to advise me of how you can help

---------------------------------------------------------
I have also contacted my mortgage lender and requested copies of all
title deeds to my property. When I have this information to hand, I
propose to contact a solicitor for advice.

Thanks again for all your help

Alexandra x

[John Stumbles]

Post by Alex
I have contacted Transco who visited me and advised me that the
emissions from my neighbours gas flues are legal.

Fair enough, they're probably more clued up on the gas supply side.

I'd concentrate on getting your local CORGI inspector to visit. Whether or
not the installer who put it in was registered, if the flue position is
illegal then CORGI should sort it out. If they're unregistered (i.e. an
out-&-out cowboy) they can get the HSE to descend from a great height onto
the installer; or if the installer is registered they can get him to sort
it out, on pain of losing his registration. Either way if the installation
is actually dangerous they can get it shut down pronto.

I'm sure if I'd installed it the way you describe I'd have got a right
testicling from my inspector if he saw it.

What area are you in?

[John Stumbles]

<posted & mailed>

Post by John Stumbles

Post by Alex
I have contacted Transco who visited me and advised me that the
emissions from my neighbours gas flues are legal.

Fair enough, they're probably more clued up on the gas supply side.
I'd concentrate on getting your local CORGI inspector to visit. Whether or
not the installer who put it in was registered, if the flue position is
illegal then CORGI should sort it out. If they're unregistered (i.e. an
out-&-out cowboy) they can get the HSE to descend from a great height onto
the installer; or if the installer is registered they can get him to sort
it out, on pain of losing his registration. Either way if the installation
is actually dangerous they can get it shut down pronto.
I'm sure if I'd installed it the way you describe I'd have got a right
testicling from my inspector if he saw it.

OK, just spoken to CORGI tech helpline and they're adamant that they can't
get involved in this case, but say that if the flue is causing a nuisance
then Environmental Health should be able to take action under the Nuisance
Act (no doubt someone else on this group will be able to give chapter and
verse on that, or it may be online somewhere). Also if the boiler was
installed since 2000 when the current version of the Building Regs (and
British Standard) came into effect (apparently the 600mm from the boundary
was not in the regs before that) then the Building Control Office should be
able to enforce compliance with the regs by moving the flue.

[PeteM]

Post by Alex
I have contacted Transco who visited me and advised me that the
emissions from my neighbours gas flues are legal.

Probably they mean that the emission gases are what one would normally
expect from a boiler flue (mostly carbon dioxide and water vapour). That
doesn't mean that the flue is legally situated though.

[Alex]

I agree. My neighbour has now said that he will get 'an expert team
from Corgi costing hundreds of pounds' to difinitively conclude whether
the installation is legal or not. He has not however addressed the
fact that I want the holes closed whether the gas installation is
illegal or not. It is causing a huge nuisance factor to me and my
little girl. Further opening the holes in the first place was without
my permission and directly contravenes a deed of rectification laid
down by my sister (who was the owner of the property at the time) and
myself in 1998.

I have requested a copy of my deeds from my mortgage company - ready to
give to a solicitor if necessary. I have also told my neighbour that
I am in touch with a solicitor and intend to start litigation. Finally
I have advised the tenants looking to buy the property about the
situation so hopefully this will give the owner another incentive to
sort things out quickly.

I would love to send the letter I posted on this site to to the various
departments of Kingston council. I may as well and you never know -
something might come of it!!

Please could you tell me if you think it is alright.

Thanks very much for all this help

Alex x

[John Stumbles]

Post by Alex
I agree. My neighbour has now said that he will get 'an expert team
from Corgi costing hundreds of pounds' to difinitively conclude whether
the installation is legal or not.

It won't cost him 100s of pounds: CORGI's experts' salaries come out of the
fees installers have to pay to CORGI!

Your neighbour (the owner) can complain about the installation since he paid
for it and CORGI's inspector will check it and get it put right. As I said
in my other post today you apparently cannot get CORGI to do anything about
it yourself.

Post by Alex
I have requested a copy of my deeds from my mortgage company - ready to
give to a solicitor if necessary. I have also told my neighbour that
I am in touch with a solicitor and intend to start litigation. Finally
I have advised the tenants looking to buy the property about the
situation so hopefully this will give the owner another incentive to
sort things out quickly.

That sounds like your strongest point of leverage if the owner wants to sell
(to anyone, not just the existing tenants: AIUI from other posts on this
group neighbour disputes have to be disclosed to sellers and can put the
kibosh on deals).