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Window opening on to our property

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Comments

  • 35har1old
    35har1old Posts: 1,773 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I’d be tempted with the fencing, but in reality, I think they would be trespassing every time they open the window. Probably worth phoning you legal cover, or getting an experience solicitor to write a letter.
    Trespass involves a person or animal entering the yard.
    If these windows are the only windows in the room building regulations require them to be able to used as fire exits are they big enough  to comply with this reg  if so preventing them from opening in the worst case scenario someone trapped and dying in a fire. What is a civil case could quickly become a criminal case. If they don't comply with reg you could have him replace
    with inward opening  or sash windows that do.
    How does he clean the windows?


  • doodling
    doodling Posts: 1,242 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Hi,

    35har1old said:
    I’d be tempted with the fencing, but in reality, I think they would be trespassing every time they open the window. Probably worth phoning you legal cover, or getting an experience solicitor to write a letter.
    Trespass involves a person or animal entering the yard.
    If these windows are the only windows in the room building regulations require them to be able to used as fire exits are they big enough  to comply with this reg  if so preventing them from opening in the worst case scenario someone trapped and dying in a fire. What is a civil case could quickly become a criminal case. If they don't comply with reg you could have him replace
    with inward opening  or sash windows that do.
    How does he clean the windows?
    You are confusing two or three different things:

    1. Building regulations - these say what is required of a new or modified building to meet movement policy objectives - primarily safety but also stuff like energy efficiency.  If you can't meet building regulations then you are not permitted to do the building work so in this case, if the windows had to be openable for ventilation then the previous windows should not have been replaced.

    2. Trespass.  If the window opens over the OPs land then it is a trespass.  It isn't a trespass if the window could be opened but never is 

    3. Fire precautions.  If the windows need to be used for egress in the event of a fire then if that is not possible then the building should not be used.  If someone constructs (or modifies) a building to require emergency egress over someone else's land then they had better make sure that they have the necessary agreements in place to ensure that egress remains unobstructed.

    Given the history (I.e. that previously the windows did not open) then I don't see any reason why their opening should not be prevented by a strategically placed post now.  If you are feeling kind then you could give some notice to the owner/occupier.  If they bring up the fire issue then you should also notify the local fire authority that the egress cannot be assured - note that there is nothing stopping someone parking a van in front of the windows so things haven't changed in that respect.
  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,927 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    You could put up a sign opposite the window that says 'Van Drivers: Do Not Switch Off Engines'...  
  • Thank you so much all, i'm going to start by writing him a letter and go from there. Wish me luck!
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Good luck :smile:
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