Nieghbour's satellite dish installed on my side of shared chimney

Arciphel

Good evening folks,

Looking for some opinions on this one. Obviously having read the forum rules, this is a theoretical argument that i had with a friend the other day in the local pub whilst enjoying a half of sherry ...

Imagaine this, if you will, that the house next door to me were to be rented out and that i then one evening just noticed that they had installed a satellite dish on our shared chimney without first asking me. Imagine that the dish is on my side of the chimney and is quite large (and sticking out a good bit from the chimney on some kind of arm, for instance).

Now hypothetically speaking, imagine that i am very annoyed that they did not ask me first before installing this monstrosity and then that i would in theory be even more pissed off that it is on my side of the chimney? but i read somewhere that a chimney is shared ownership so would not be too sure where the law is on this one?

Obviosuly if i were to find my self in this legal predicament i would be thinking "I am going to get some legal advice tomorrow beoire i call in & speak to them", but just wondering if anyone out there has any opinions or first-hand experience with this kind of issue?

Thanks,
paul.

Stirling

Again this is purely hypothetical of course and is merely an opinion on a hypothetical issue just for the hell of it...

I'm not sure what the position is regarding the shared ownership of chimneys but if it is at the intersection of the hypothetical house I would think that in a parallel universe it would be treated as a boundary is in this universe in that it would be taken to exist in two plots of land meaning that placing a hypothetical satellite dish on your side of a hypothetical chimney would be trespassing.

If not then the intrusion of the hypothetical dish into the property which you might hypothetically own would amount to trespassing because you are technically deemed to own:

"Up to the heavens and down to hell"

with the exception of minerals and an exemption is created for aircraft flying overhead.

Again this is just what I think might happen in such a parallel universe :rolleyes:

haz

Arciphel wrote:

Imagaine ... that they had installed a satellite dish on our shared chimney without first asking me.

My neighbour on one side is a complete arsehole and if he were to do the same I would ignore it - I could have a blazing row and if he were really, really reasonable then he might move the monstrosity to his side of the chimney, but it wouldn't make much difference visually. I doubt there is much worth doing if the installation is safe and competent. My neighbour on the other side would ask before installing on his own property.

Arciphel

just to clarify lads ... in this imaginary case, the satellite dish is not on my half of the front or back side of the chimney, its on the side which is completely on my side of the roof. can you dig it?

haz it sounds like one of your neightbours is an ideal neighbour, and the other one is an ass...:( i know the feeling.

stirling, your parallel universe sounds like a place where i would dearly like to live.

i am not just annoyed about the chav-tastic-ness of this bloody huge lidl dish on my chimey, but more worried about any potential damage to the roof, especially in this windy weather.

maidhc

To be hypothetical:

Get it removed ASAP.

You really don't want to be consenting to any rights he may acquire over your (half) chimney.

I'm glad I live in the sticks.

Stirling

Well apart from the fact that there is an abundance of free love and perfect happiness on my parallel universe it does bear some similarities to your hypothetical world so I would be in agreement with Maidhc tbh!

mountainyman

Tell the owner to move it, send a registered letter and keep a copy.
failure to do so would if this were real result in the possible developemnt of an easement where he has the right to stick thing on th echimney

dermot_sheehan

If the chimney is your property, then they are comitting a trespass, you can simply remove it.

If its not on your property you can't simple.


The question then is whether the chimney is your property, for that you need to look to the deeds of the house.

Also see if the satellite dish falls into the exception for planning permission under the planning regulations:

(b) The erection on or within the curtilage of a house, of a dish type antenna used for the receiving and transmitting of signals from satellites.
1. Not more than one such antenna shall be erected on, or within the curtilage of a house.
2. The diameter of any such antenna shall not exceed 1 metre.
3. No such antenna shall be erected on, or forward of, the front wall of the house.
4. No such antenna shall be erected on the front roof slope of the house or higher than the highest part of the roof of the house.

Arciphel

thanks gabhain for the advice. imagine that the chimney was in the middle of two semi-detached houses, i imagine there is some boundry there? common sense suggests that shared ownership would be for the front & back face of the chimney, but that the sides below to either homeowner... but maybe the law & common sense ar two different things!

gabhain, do you have a link to the planning regulations website where you got that quote from, woud be interested to read the full text... had a look on an bord pleanala's website but didn't see anything like that on there.

cheers all,
Paul.

Nevyn

If the house is rented then get on to the landlord about it as they may not have given permission.

haz

Arciphel wrote:

thanks gabhain for the advice. imagine that the chimney was in the middle of two semi-detached houses, i imagine there is some boundry there?

Does the chimney serve the fireplaces in both houses, i.e. is it a communal chimney venting both properties? In a terrace there might be a claim to own the entirety of a chimney.

Thanks for the easement advice mountainyman, very useful.

kbell

The installer should have refused to put it there unless he had permission from yourself, and not just on the go ahead from the customer.

LundiMardi

Arciphel wrote:

Good evening folks,

Looking for some opinions on this one. Obviously having read the forum rules, this is a theoretical argument that i had with a friend the other day in the local pub whilst enjoying a half of sherry ...

Imagaine this, if you will, that the house next door to me were to be rented out and that i then one evening just noticed that they had installed a satellite dish on our shared chimney without first asking me. Imagine that the dish is on my side of the chimney and is quite large (and sticking out a good bit from the chimney on some kind of arm, for instance).

Now hypothetically speaking, imagine that i am very annoyed that they did not ask me first before installing this monstrosity and then that i would in theory be even more pissed off that it is on my side of the chimney? but i read somewhere that a chimney is shared ownership so would not be too sure where the law is on this one?

Obviosuly if i were to find my self in this legal predicament i would be thinking "I am going to get some legal advice tomorrow beoire i call in & speak to them", but just wondering if anyone out there has any opinions or first-hand experience with this kind of issue?

Thanks,
paul.

hypothetically, i would tell you to lighten the fúck up.

Victor

kbell wrote:

The installer should have refused to put it there unless he had permission from yourself, and not just on the go ahead from the customer.

No reputable insaller would put a dish on a chimney on health and safety grounds. The dish affects the structure of the chimney in high winds and can't be maintained in a safe work manner.

joebhoy1916

Victor wrote:

No reputable insaller would put a dish on a chimney on health and safety grounds. The dish affects the structure of the chimney in high winds and can't be maintained in a safe work manner.

Em of course they do. Chorus for example I use to work with them.

Well if an installer came out and the neighbour said he got your permission he will put it up of course he is going to take his word but by right they have to have your permission.

Also if the house is rented again you should not put up a dish on any house with the owner's consent.

You can ring whoever the company is and say they didnt have your permission they will have to remove it although I doubt the neighbours will be happy.

It's a normal thing for this to happen in any town the signal could be blocked or not enough signal is being reached so they just move it on to the neighbours.

dermot_sheehan

Planning and Development Regulations, including what is exempted development can be found here: http://www.environ.ie/DOEI/DOEIPol.nsf/wvNavView/Planning?OpenDocument&Lang=#l3

Arciphel

LundiMardi wrote:

hypothetically, i would tell you to lighten the fúck up.

happy new year cünto

AnnaStezia

Arciphel wrote:

happy new year cünto

Wow ! What's this ? Is it a new car from Fiat ?:)