Permission granted, install happens, neighbour changes mind.

[Scotland1929]

Hi,

We have recently installed a log burner and flue. The log burner is in our lounge and a twin wall flue is mounted on the external wall and runs vertically.

The other side of our lounge wall is our neighbour’s garden.

Before we proceeded with the work, we approached our neighbour to seek permission to mount the flue on our external wall. They granted verbal permission (months before the install) even saying that it was a good idea. They allowed access to their garden on the day of the install and allowed the flue to be mounted.

A month after the install we have received a letter from them asking that we remove the flue or will face court action.

Out of genuine naivety on my part I did not seek a party wall agreement. All communications with our neighbour were verbal.

I'm not disputing the boundary - the flue is clearly overhanging the neighbour’s property by some 40cm at height.

It's a considerable cost to relocate the flue and I'm not sure where I stand legally given the reversal of their permission.

Am I legally obliged to remove the flue?

Thanks

[atticus]

Your username leads me to ask whether you are in England.

[Scotland1929]

Your username leads me to ask whether you are in England.

Yes, my property is in England. Thank you.

[atticus]

I suspect that there was a misunderstanding about exactly where you were intending to site your flue, and that your neighbours will say that they did not agree to it being where it is. I think you will have to move it.

[Scotland1929]

Thank you but I don't think thats the case. My communication (albeit verbal) was explicit about the position and height of the flue. From my perspective permission was granted and it's the reversal of this permission after the installation that's the crux of the problem.

[des8]

You were obviously at one time on speaking terms with your neighbour.
Have you asked why he now objects to your flue overflying his land/

This seems to be a problem about trespass, rather than party wall

[Scotland1929]

You were obviously at one time on speaking terms with your neighbour.
Have you asked why he now objects to your flue overflying his land/

This seems to be a problem about trespass, rather than party wall

I totally agree, and I acknowledge the now technical enchroachment / trespass. I'm not disputing the boundary, my property is overhanging his land at height by about 40cm.

This is the legal question I need answered: Given that permission was given in the past for a specific structure to be built over his land, must I now remove it given his change of mind? And at my own cost?

His core objection seems to be its appearance.

[atticus]

While you are clear as to what was agreed, is your neighbour? Resiting the flue may prove to be cheaper than the alternatives.

[atticus]

If you are determined to stand your ground, then I suggest that you reply explaining in as much detail as you can what was discussed, when and where it was discussed, and what you say was agreed. Did you show any pictures, plans etc?