Neighbour's Extractor Ducting Through My Kitchen?!

BoracicLint

Hello,


I hope someone can help shed some light on this issue...


I recently had an offer accepted on a 2 bed mid-terraced property. I went for a second viewing along with my builder and we noticed that in the kitchen there is a strange boxed in duct between the party wall and the external wall of the property.


My builder believes that the neighbouring property have fitted an extractor to their cooker and fed the ducting through the party wall into the kitchen!! It then vents out into the garden through a vented brick on the side of the house.


Unfortunately the previous owner has passed away, so without asking the neighbour, I have no idea what sort of agreement was made. Assuming the neighbour had permission to install this ducting from the previous owner, what rights do I have to remove it?


Is this likely to be easy to resolve, or should I abandon the sale now as I have not instructed the solicitor yet. I'd rather not have a party wall dispute to contend with.


I'd appreciate any guidance or experience!

davidmcn

It's possible that the necessary rights are contained in the title deeds - in which case you wouldn't have the right to remove it. I certainly wouldn't presume that you have the right to remove it, especially if it's been there for a long time.

princeofpounds

If I were you, I would ask the neighbours direct. There are a number of potential scenarios and at the moment you are just guessing. Possible options are:


- There is nothing in the duct, it was never used.
- The duct might have been used by 'your' side of the property and closed off.
- There might be 'reciprocal' ducting on the other side for your property.
- The neighbours may not be aware of any ducting
- The neighbours may have asked for ducting and been given it 'on license'
- The neighbours may have asked for ducting and been given a permanent 'easement'
- The neighbours may have bullied the previous owner into ducting
etc. etc.


As to whether you would be able to remove it; that depends entirely on how permission to duct was granted or, if it was not explicitly granted, how long it has been in place.

G_M

Add it to the list of questions to ask when you speak to the neighbours.

You are planning to speak to them anyway before you commit, yes?

People get so hung up on the legal process, and relying on official searches etc, that they seem to ignore common sense approaches to checking out their £300K commitment..........

moneyistooshorttomention

If it's on your property - it's by far the easiest/quickest/cheapest thing to do to just remove it. End of....

Personally - that's exactly what I would do and then "plead ignorance" if need be - ie "I knew it couldnt possibly be YOURS - as it was on MY property." Move next business....

ScorpiondeRooftrouser

Remove the ducting so their cooker vents directly into your kitchen, you mean?

Dan-Dan

moneyistooshorttomention wrote: »

If it's on your property - it's by far the easiest/quickest/cheapest thing to do to just remove it. End of....

Personally - that's exactly what I would do and then "plead ignorance" if need be - ie "I knew it couldnt possibly be YOURS - as it was on MY property." Move next business....

Oh dear, little miss passive aggressive rears her head again

moneyistooshorttomention

....oh dear...swallowed a dictionary of fashionable phrases - without bothering to work out whether they are applicable>:rotfl:

Dan-Dan

moneyistooshorttomention wrote: »

....oh dear...swallowed a dictionary of fashionable phrases - without bothering to work out whether they are applicable>:rotfl:

The proof is in the pudding,as they say..

System

moneyistooshorttomention wrote: »

If it's on your property - it's by far the easiest/quickest/cheapest thing to do to just remove it. End of....

Personally - that's exactly what I would do and then "plead ignorance" if need be - ie "I knew it couldnt possibly be YOURS - as it was on MY property." Move next business....

this could easily be a very, very costly mistake - much better to do some research and find out the legalities of it before just removing something!
"easiest/quickest/cheapest thing to do" would be to not touch it unless its a huge problem!

Doozergirl

moneyistooshorttomention wrote: »

....oh dear...swallowed a dictionary of fashionable phrases - without bothering to work out whether they are applicable>:rotfl:

It's politer than using words like problematic, ridiculous or stupid.