I see solar powered trouble ahead
Discussion
My neighbour tells me he intends to install 15 square meters of solar panel on his south facing roof. He told me because we share the roof and he wanted me to consider having a similar installation and save some costs. I suspect his true motives were to head off objections from our shared neighbour;
Anyway, I can see trouble ahead.
Last year the solar installer had a dispute about the south facing roof with a neighbour because he installed opening skylight windows in contravention of a covenant the neighbour holds over all windows on the south side (because they directly overlook his garden). Solar man followed that up by installing a large white plastic central heating vent up the south wall right in front of the neighbours kitchen window. He did both things when the neighbour was on holiday, and went onto his garden to do it. The wronged neighbour didn't pursue it beyond a single solicitiors letter because of the cost and he is an old guy in his 70's with not very good health and he didn't want the hassel. It ended up with the old guy lighting his BBQ whenever he saw the skylight open, and putting his bins to block the light through the lounge windows (the frosted windows are at kneee level becaus the houses are on a hill). Solar guy then went around every time the old guy went out and moved the BBQ and the bins.
I know that we have the right to go onto the neighbour's land to 'maintain' our houses, but I wonder if that extends to putting up the scaffold to install the solar power (especially as it will block the neighbours access to his garage and drive). I thing he will have to get planning permission as it is a conservation area but he has already joked about finding out when the neighbour is away!
The neighbour who is overlooked has always been very reasonable with me puting up scaffold when we repointed the south wall, digging up his drive to relay drains when were flooded and had work on our gutters. I always pop and ask permisssion to go on his garden to carr out maintenance. But would installing solar panels be seen as 'maintenance' or something else? is the old guy able to stop solar man, even if he does get planning permission, from putting up the scaffold?
I am keeping my head down but can see a summer of discontent all around.
Four Cofffee said:
...would installing solar panels be seen as 'maintenance' or something else?
Something else... it's a addition of a new feature, not maintenance of an existing one. Four Cofffee said:
...is the old guy able to stop solar man, even if he does get planning permission, from putting up the scaffold?
Yes, he is.Your neighbour has rights of access for maintenance (under the Access to Neighbouring Land Act).
He also has rights of access under the Party Wall Act, but only for items that fall within the scope of the party wall act. Essentially, these are limited to the things the are classified as party walls and structures. See guidance here.
In either case, your neighbour has to give written notice of his intention to access your land, and if you object it triggers a mediation process, so if he tries to bully the old guy with his interpretation of the law, then the old guy could force independent building surveyors to become involved who would clarify the rights and limitations of the legislation.
Sam_68 said:
Four Cofffee said:
...would installing solar panels be seen as 'maintenance' or something else?
Something else... it's a addition of a new feature, not maintenance of an existing one. Four Cofffee said:
...is the old guy able to stop solar man, even if he does get planning permission, from putting up the scaffold?
Yes, he is.Your neighbour has rights of access for maintenance (under the Access to Neighbouring Land Act).
He also has rights of access under the Party Wall Act, but only for items that fall within the scope of the party wall act. Essentially, these are limited to the things the are classified as party walls and structures. See guidance here.
In either case, your neighbour has to give written notice of his intention to access your land, and if you object it triggers a mediation process, so if he tries to bully the old guy with his interpretation of the law, then the old guy could force independent building surveyors to become involved who would clarify the rights and limitations of the legislation.
It looks like the maintenabce ( 'preservation') issue is quite clear too, unless solar man claims it is a 'renewal' ;
(a) the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land; .
(b) the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate; .
(c) the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead; .
(d) the filling in, or clearance, of any ditch so comprised
Edited by Four Cofffee on Friday 30th April 15:02
Four Cofffee said:
...does that include this simple situation where the outer wall of Solar man's house simply forms the boundary wall of Old man's garden, and is wholly on solar man's land?
Yes. They are classed slightly differently; a party wall where the centreline of the wall is the boundary and the physical structure of the wall is shared between both neighbours is a 'Party Wall Type (A)' and where the wall sits entirely on one person's land and the face of the wall forms the boundary, it's a 'Party Wall Type (B)'.
The two types of wall are attended by slightly different rights under the Act, but Old man is still protected for the purposes of what you're discussing.
I think if you are forced into a 'chosing sides' issue, you should side with the old man.
The solar neighbour is clearly a d
head.
Perhaps you should club together with the old boy to get a hacksaw and take his stupid vent pipe down. It's a conservation area, you cannot do stuff like that without planning.
Oh and solar panels........this is PH..........you should screw it and buy a V8....
The solar neighbour is clearly a d
head. Perhaps you should club together with the old boy to get a hacksaw and take his stupid vent pipe down. It's a conservation area, you cannot do stuff like that without planning.
Oh and solar panels........this is PH..........you should screw it and buy a V8....
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