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Neighbour Issue - TV Aerial
Comments
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The tenant's lease may not grant them occupation of the airspace, which may remain with the freeholder (the council).
Your aerial could be trespassing in that airspace, but on the other hand, the council might not care.
After 20 years of the aerial being there, without the freeholder having complained, you can claim an easement (a right) to have your aerial overhang their property. This may of course already be in the deeds.
Having said that, you can only sue for trespass occuring "within such air space as is necessary for the use and enjoyment of land" - I'd say the aerial would be within this space.
You can't sue people in planes though (the Civil Aviation Act prevents this).
If you think their aerial is damaging your roof, I'd ask them (cc'd to the council) to take steps to secure it.0 -
So could the neighbour demand that all the tiles that overhang the edge of the house are removed too?
As far as I'm aware, it's the responsibility of the freeholder to sort things like this, not a tenant.Happy chappy0 -
It looks like the neighbours aerial isn't as attached to the OPs house.
But, playing devil's advocate, when the neighbour's aerial pole is hitting the OPs house it is still within the neighbour's airspace as it is hitting the overhanging portion of the OPs house that is infringing on the neighbours airspace.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
If I were the OP, by the sounds of these neighbours, I'd be less bothered about the ariel and more bothered about them nicking all that lead flashing. It could cause damp.
I am a Mortgage Consultant and don't like to be told what I can and can't put in a signature so long as it's legal and truthful.0 -
Most council tenancies have in them a clause that you cannot cause a nuisance to your neighbours.
As well as doing what Poppy9 suggest, I suggest you photocopy the letter your neighbour sent to you and send it the traditional way using recorded delivery to the landlord, the council, with a very short letter stating that their tenant is causing a nuisance and threatening to damage your property. Ask them to stop their tenant' s behaviour.
Every time your neighbour writes you such letters on things that they should go through their landlord to resolve then do this.
Depending on where you are in the country, councils will evict tenants if they continue to cause a nuisance to their neighbours.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
tomstickland wrote: »So could the neighbour demand that all the tiles that overhang the edge of the house are removed too?
No, the tiles have no doubt been like that since the beginning, and have an implied right to be there.
If the OP replaced them with different tiles that stuck out even further though, this would be a trespass IMO.0 -
Although your aerial is within another owner's air space - it may be you have easement rights because of the time. Worth checking to see if it is 12 years or less.FREEDOM IS NOT FREE0
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Any news OP?
~Laugh and the world laughs with you, weep and you weep alone.~:)
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