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Home > Law > Can My Next Doors Boiler Flue Exceed His Boundary Onto My Property

Can My Next Doors Boiler Flue Exceed His Boundary Onto My Property

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keith290544 | 22:31 Tue 11th Jun 2013 | Law
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can a flue from a neighbors protrude into my property although 12 feet off the floor
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Avatar Image hc4361
Very doubtful. You own the airspace within your boundary, as determined in court action:
In Kelsen v Imperial Tobacco Co [1957] 2 QB 334, D committed trespass by allowing an advertising board to project eight inches into P's property at ground level and another above ground level.

22:35 Tue 11th Jun 2013
Avatar Image hc4361
On further thought - definitely not. In another case an overhanging crane was found to be in breach of the law of trespass.
22:38 Tue 11th Jun 2013
Avatar Image tamborine
No but it would be expensive taking legal action. Sposing it got blocked, would they need to enter your property to maintain it. An access charge will soon get it moved ;)
22:44 Tue 11th Jun 2013

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