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OMG... Arsey neighbour and sattelite dish on party (?) wall....

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Comments

  • daveyjp
    daveyjp Posts: 13,601 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Our house is the same as this - I'd be your neighbour - I wouldn't be best pleased with you either. I'd also be getting you to take the TV aerial down.
  • MORPH3US
    MORPH3US Posts: 4,906 Forumite
    1,000 Posts Combo Breaker
    daveyjp wrote: »
    Our house is the same as this - I'd be your neighbour - I wouldn't be best pleased with you either. I'd also be getting you to take the TV aerial down.

    The TV aerial has been there since the houses were built so the neighbour would have purchased the house knowing the aerial was there....
  • MORPH3US
    MORPH3US Posts: 4,906 Forumite
    1,000 Posts Combo Breaker
    Nile wrote: »
    If I were walking past your house, I would assume that the dish belonged to your next door neighbour.;)

    I'm not surprised your neighbour is cross with you. Why didn't you ask permission first?

    If it was the neighbours dish then it would be hanging over on to our property :p

    Seriously though, the reason I didn't ask permission was because as AdrianW2 said I thought it was a shared wall which I could do more or less as I pleased with on my side (within reason) and since my tv aerial is on that bit and has been since the houses were built, again I didn't see the difference.


    Nile wrote: »
    Can you try to repair your relationship with your neighbour with an apology and gift?

    Went round to see him after the engineer left but he had gone out. Will pop round again after work and see if I can smooth things over.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MORPH3US wrote: »
    But if that "someone else's wall" was not there my house wouldn't have a wall on that side....? Surely in a terraced house its a shared wall? :confused:

    And howcome my aerial can go on someone else's wall? :confused:

    The engineer said that he didn't have a bracket with him so not really being lazy, would have been less work to put it in the back for him.

    A party wall is only a party wall as far as the roofline of the lower house. Above your roofline, that wall is clearly your neigbour's property and responsiblity. If it needs repointing there for example, it is his responsibility not yours. So his reaction is entirely justified. The installer is either lazy or dopey or both.
    The fact that the aerial is already there does not make a dish acceptable. He would be well within his rights to remove the aerial if he wished.
    No free lunch, and no free laptop ;)
  • MORPH3US
    MORPH3US Posts: 4,906 Forumite
    1,000 Posts Combo Breaker
    edited 4 June 2009 at 2:18PM
    macman wrote: »
    A party wall is only a party wall as far as the roofline of the lower house. Above your roofline, that wall is clearly your neigbour's property and responsiblity. If it needs repointing there for example, it is his responsibility not yours. So his reaction is entirely justified. The installer is either lazy or dopey or both.
    The fact that the aerial is already there does not make a dish acceptable. He would be well within his rights to remove the aerial if he wished.

    Thanks macman.

    Can I ask where you heard / read that "A party wall is only a party wall as far as the roofline of the lower house."?

    Cheers
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MORPH3US wrote: »
    Thanks macman.

    Can I ask where you heard / read that "A party wall is only a party wall as far as the roofline of the lower house."?

    Cheers

    That area is not a party wall because it is not a common part of the wall. It's entirely independent of your property. Your neighbour could install a window in that section (subject to any planning restrictions) and it would be nothing to do with you.
    And, if it was a party wall, then you would need to have given your neighbour notice under the Party Wall Act to do this work anyway.
    Suppose the neighbour had put his dish up on the front on your side of the party wall-I think you would have reacted similarly.
    No free lunch, and no free laptop ;)
  • MORPH3US
    MORPH3US Posts: 4,906 Forumite
    1,000 Posts Combo Breaker
    edited 4 June 2009 at 2:37PM
    macman wrote: »
    That area is not a party wall because it is not a common part of the wall. It's entirely independent of your property. Your neighbour could install a window in that section (subject to any planning restrictions) and it would be nothing to do with you.
    And, if it was a party wall, then you would need to have given your neighbour notice under the Party Wall Act to do this work anyway.
    Suppose the neighbour had put his dish up on the front on your side of the party wall-I think you would have reacted similarly.

    Doesn't it more relate to where the boundary line is in relation to the wall, i.e. in the middle of the wall or at the edge of the wall on my side?

    Also I understand that the party wall act states that minor works such as "drilling into a party wall to fix plugs and screws" it is "so minor that service of notice under the Act would be generally regarded as not necessary."
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MORPH3US wrote: »
    Doesn't it more relate to where the boundary line is, i.e. in the middle of the wall or at the edge of the wall on my side?

    Also I understand that the party wall act states that minor works such as "drilling into a party wall to fix plugs and screws" it is "so minor that service of notice under the Act would be generally regarded as not necessary."

    No, because none of that higher section is 'on your side'. It's adjoining fresh airspace that is not owned or shared by anyone.
    Yes, you can do minor party wall works inside, such as putting up a shelf (or, indeed, a sat dish). But that section is not a party wall.
    By your logic, if your neighbour had, say, a rear extension built out on the same line as the internal party wall, you could attach a dish to that?
    No free lunch, and no free laptop ;)
  • AdrianW2
    AdrianW2 Posts: 416 Forumite
    macman wrote: »
    It's adjoining fresh airspace that is not owned or shared by anyone.

    Under English law, a landowner has rights to the airspace above their land.
    macman wrote: »
    By your logic, if your neighbour had, say, a rear extension built out on the same line as the internal party wall, you could attach a dish to that?

    If it were on the boundary then yes, it would be a boundary wall and those are clearly covered by the Party Wall Act, example 3 in the explanatory booklet.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AdrianW2 wrote: »
    Under English law, a landowner has rights to the airspace above their land.



    If it were on the boundary then yes, it would be a boundary wall and those are clearly covered by the Party Wall Act, example 3 in the explanatory booklet.

    But not to erect a dish (even in her own airspace) attached to his wall. If the dish could magically float in the air a millimetre off the wall then that would have been perfectly OK.
    No free lunch, and no free laptop ;)
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