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Aerial on my chimney without permission - previous neighbour

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  • Aerial on my chimney without permission - previous neighbour

    Previous neighbour put an aerial on my chimney, without permission, and refused to remove it when I objected. Builders have said having 2 aerials on my chimney could damage it in high winds. Nothing was put in writing before he sold to present occupier. That house has no chimney of its own.

    Present neighbour is selling house. I have just mentioned the problem and he has agreed to remove the aerial (but I'm not sure this will happen). He says he doesn't use the aerial for his TV.

    Should I write a polite letter thanking him for agreeing to remove the aerial, so that if he doesn't I can pass it to the next person who moves in?

    Thank you for any help you can offer.

    Tags: None

  • #2
    Why not be firm with your neighbour to make sure he gets it done?

    Or you can remove it yourself.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by atticus View Post
      Why not be firm with your neighbour to make sure he gets it done?

      Or you can remove it yourself.
      Thank you Atticus.

      Would I just tell him that I am going to have it removed?

      And what sort of tradesman would do that? I won't be going up on the roof to do it myself.

      Comment


      • #4
        Yes, tell him. You have said it is not connected.

        I am sure your builder can recommend someone.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Looks like it would be an aerial fitter and would cost £50 - £100 to have it removed, if I take that route.

          Comment


          • #6
            So the fact that his house is almost sold wouldn't affect it. Buyer wouldn't expect aerial to be there?

            Comment


            • #7
              Whose house did you say this thing is on? What contractual relationship will you have with the buyer of the property neighbouring yours?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment


              • #8
                As a practical matter you want it removed before the sale completes so that you don't start off having to have the same discussion all over again with the new neighbour and potentially falling out with them from the start. Especially if turns out they are very keen on watching terrestrial TV via Freeview!

                And as he is moving there is every chance that he'll move without having got round to getting it removed if you leave it to him. What he's told the buyer is his problem, not yours. He can't commit you to keeping his aerial on your chimney.

                So in your position I'd want to get an aerial fitter in myself so that I was in control. Whilst obviously you would want him to repay you the £50-£100 removal cost (if you instruct the aerial fitter you have to pay the fitter's bill) could you live with it if he disappeared without ever paying you? Be clear on what you expect him to pay while being realistic enough to acccept that he might bugger off without paying you. If he agrees to repay you but doesn't then in theory you could bring a small claims court action against him ---- if you could find him. Or just pay it through gritted teeth and have done with it.

                What I would say though is that you MUST get him to give you written confirmation that he is happy for you to have his aerial AND the connecting cabling removed. Show this to the aerial fitter. Otherwise you might find the aerial people are reluctant to touch his aerial even though it is on your chimney. The aerial itself remains his property so when removed should be left on his doorstep for him.
                All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                Comment


                • #9
                  Originally posted by atticus View Post
                  Whose house did you say this thing is on? What contractual relationship will you have with the buyer of the property neighbouring yours?
                  The aerial is on my chimney.

                  His house is attached to mine, but the roof is several feet lower than mine. When the house he owns had a fireplace, years ago, it was not on the same side as my chimney, but at the other side of the room. So it seems that my this is my chimney.

                  I know of no contractual relationship with the buyer of the neighbouring property.

                  Comment


                  • #10
                    Thank you PallasAthena, it does seem likely that he is just agreeing to remove the aerial and won't get around to it. Your advice to get him to give me written permission to have the aerial and connecting cable removed could be a solution.

                    Comment

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