Trespassing issue with the house we want to buy

Dynera34

Good morning

We are about to exchange contracts on a typical Victorian semi terraced house in Beckenham, London.
Just few days ago it came to our attention, that the waste pipes from first floor bathroom and boiler flue on the ground floor are coming out from the wall of the property (following a recent rearrangement in the bathroom made by current owners, for which there is no Building Control Certificate). It wouldn't be anything unusual, however this wall is the boundary of the property and effectively the overhanging pipes are violating neighbour's airspace overhanging their property.

We are worried this may be a potential problem in the future as a trespass.

And we are wondering if there is a way of legalising this issue and if there is what would be involved.

Thank you in advance

davidmcn

Does your solicitor think it's a problem? How long have the pipes and/or flue been there?

Doozergirl

I don't see the point in legalising anything. The cost would exceed moving the pipes inside you own boundary or the boiler flue up and out.

Do the neighbours know? Is there any realistic chance of your neighbour extending upto your wall in future? Apart from the practicalities of it, planning authorities often take issue with new terracing at first floor level.

If they can't use that wall, then there would be little practical point in complaining.

marksoton

Dynera34 wrote: »

Good morning

We are about to exchange contracts on a typical Victorian semi terraced house in Beckenham, London.
Just few days ago it came to our attention, that the waste pipes from first floor bathroom and boiler flue on the ground floor are coming out from the wall of the property (following a recent rearrangement in the bathroom made by current owners, for which there is no Building Control Certificate). It wouldn't be anything unusual, however this wall is the boundary of the property and effectively the overhanging pipes are violating neighbour's airspace overhanging their property.

We are worried this may be a potential problem in the future as a trespass.

A photo would be good... How do you know there's no BC sign off?

Airspace?!

First time i've heard of a polyethylene pipe being sued for trespass.

Dynera34

Thank you all. Surveyor brought this to our attention. Then we read this, sorry I can't paste URLs!!! Just google "can-homeowners-overhanging-eaves-gutters" and have a look at the page from Lyons Davidson Solicitors.

Seller says current neighbours know about this and have no problem with it. But what about the next owner (of the neighbouring house)? According to my understanding of the above article it is technically trespass. No?

I will try to upload a photo tonight.

HouseBuyer77

Photo will make it easier to judge but I suspect most people won't care.

Would it be that expensive to move if there is an issue? Best plan is probably just to assume it'll all be fine. Slight risk you have to deal with it, at which point you incur the expense and move it.

HouseBuyer77

Oh and may be worth knocking on the neighbour's door and confirming they have no issue.

It's one thing taking the risk it won't be an issue further down the line. It's another moving in with an irate neighbour who wants it changed right now.

davidmcn

Dynera34 wrote: »

But what about the next owner (of the neighbouring house)? According to my understanding of the above article it is technically trespass.

Yes, but like the article explains, it depends how long it's been there for (or how long it's been there for by the time anybody kicks up a fuss). How would any new neighbour prove how long the pipe/flue have been there for?

Have a look and you'll see thousands of similar examples, neighbours might grumble when work is initially proposed but they aren't going around suing each other for this sort of thing.

davidmcn

HouseBuyer77 wrote: »

Oh and may be worth knocking on the neighbour's door and confirming they have no issue.

It's one thing taking the risk it won't be an issue further down the line. It's another moving in with an irate neighbour who wants it changed right now.

On the other hand, pointing out to the neighbour that they could have an ability to hold the sellers/OP to ransom might not be a great idea.

Dynera34

OK, thank you again. So, the feeling is we are over worrying about this then.

The pipes were placed 2-2,5 years ago. Current owner says they are friends with neighbours and they have their verbal agreement.

We asked another solicitor who suggested we can try to enter into a Deed of Easement with neighbours' consent. Perhaps we should find out the rough cost of this and subtract this from our offer.

moneyistooshorttomention

HouseBuyer77 wrote: »

Oh and may be worth knocking on the neighbour's door and confirming they have no issue.

It's one thing taking the risk it won't be an issue further down the line. It's another moving in with an irate neighbour who wants it changed right now.

The seller "would" say the neighbours don't mind wouldnt they?:cool:

It is indeed a trespass. People own the airspace above their property up to a certain height (not sure how many feet - but it allows for them owning enough airspace to put a tree in but not to stop planes flying overhead).

I'd agree with ringing on the neighbours doorbell to find out for yourself what their feelings are about it - and be prepared to move those trespassing pipes if they don't like it.

If the neighbours genuinely don't mind - then you've gained yourself brownie points for them thinking "Oh...our new neighbour is a decent person and wouldnt do that sort of thing to us" and they see you in a positive light to start with.

You're not "over-worrying" - as some people would be upset by this (me for instance - as these back yards are so tiny that it's literally not possible to spare any space for trespassing neighbours property in them - as it's all one can do to put anything much of your own there).