Neighbours New Kitchen Vent Overlooks my Garden

mountainyman

Hi All,
I do not intend to rely on this as legal advice.

A and B are neighbours and have always had amicable relations.

A had built a nice new single story extension and shifted her Kitchen to it and B was out in the garden while A was obviously frying something.

If B found the smell intrusive what remedies would be available?

The vent is on the side off the extension which is on B's garden.

The extension was completed about a month ago but B only became conscious of the smell yesterday.

Can B injunct A to stop A frying food.

Is A liable for damages.

MM

Is A liable for damages.

MM

MM

jhegarty

unless some planning rules have been broken , or he is over the property line I can't see anything you could do.....

Dave!

Surely there's some sort of pollution going on is there not? If I started covering my garden in manure and the smell was covering the surrounding area, is there nothing that can be done? Seems a bit unfair

jhegarty

DaveMcG wrote:

Surely there's some sort of pollution going on is there not? If I started covering my garden in manure and the smell was covering the surrounding area, is there nothing that can be done? Seems a bit unfair

i don't think there is any suggestion that B is doing more than cooking a fryup for himself... if thats pollution we better all turn ourselves in now...

now if B operates some sort of commercial enterprise from his house it might be different...

johnnyrotten

If the vent is over the boundry its on your property. A Large tube of silecone would sort it me thinks!

Nike_Dude

Generally extensions to houses are exempted development as long as they arent over a certain size. The best bet would probably be the law of nuisance, though if they arent being too unreaonable it might not be of much use, it depends on the circumstances really (i.e how often the smell is in your garden, is it so bad you cant sit in the garden etc)
Considering you said that you get on fairly well with them this might be one of those occassions where it would be better to have a chat with them and see could you come to some sort of an arrangement

padser

Yup I think Nike_Dude got it bang on there. My first thought was if its covered by anything other then planning regulations it would seem to be a common law private nuisance.

NUTLEY BOY

NALO [Not A Legal Opinion] !

Yes, it sound like a private nuisance.

I cannot find a definition of private nuisance. However, I do remember reading of some UK genius from ages ago, named Sir Frederick Pollock, who defined nuisance as the wrong done to a man by unlawfully disturbing him in the enjoyment of his property or in some cases the exercising of a basic right.

Generally, nuisance tends to be a continuing state of affairs. So, if this is going to be a regular event and of a significant degree of irritation you may have grounds for a good complaint in nuisance

maidhc

It probably is private nuisance, but I would have my doubts that any court would buy it. I think the argument could be made forcefully that you live in close quarters with others, and things like smalls fall within the whatisit, "local standard of comfort".

Perhaps you could ask you neighbour kindly to put in a better filter.

Victor

Extend the pipe.