boundary issue

johnny bravo

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im taking this pic from the gable end of my end terrace house, hanging out of the window....as you can see ive had an extension done which was approved by bham city council about 5 years ago, ...my issue is the garden joining right onto my gable end wall...it is right up to the wall and im getting damp and mould in the rooms next to the wall inside the house..my question is should there be some sort of boundary line outside my gable end wall..even if it is just 4 or 5 inches.ie the shaded green area...im getting a new boiler fitted but have been told that the flue cannot exit as you can see from the picture into the joining garden. That flue you see was installed over 25 years ago and at that time it was allowed, but ive also been told that if there was even a small boundary of 4 or 5 inches away from the gable end that was my boundary line i can have a vertical flue going straight up, as i would not be in the neighbours garden space, if you know what i mean..what do you guys think?..also the next garden which you can just about see has a portacabin in the garden which is 4 or 5 inches away from my gable end, i have no issues with that..the alley way that you can see serves three or 4 houses, but i think this use to run all the way through, but has since been changed..this is owned by the council
 

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There wont be a way to claim ownership of 4 or 5 inches of a border line. Where there is a wall or fence is where the line is drawn, even if originally the line was a few inches into the other garden. If the other garden owner put a fence or wall up with a gap then the border line is central between those walls. In other words a border can move slightly by what is built along that line, it is not measured accurately enough to claim ownership of inches either way.

So unless your neighbour puts up a new fence or wall giving that gap you need, you wont have the right to have a flue into that direction.
If there was a fence and a gap between, that the neighbour removed, he does not have to rebuild it.

Hope that helps :)
 
looking at the photo it could be the rubbish and debris piled up is breaching you DPC.

As for the boiler I think you will have to install a vertical flue
 
the damp is coming in from the shaded green area, it use to be much higher then that, had a word with the owner who did clean the garden but i still think the level of the garden is higher then the damp proof course..will may have another word with them or get a solicitor to write a letter...the new extension as you can see, has a few old tree logs against it, but thats not the problem....regarding the flue is the other problem...had british gas come and give me a quote on a new boiler, gave me a ridiculous quote..lol, but they said i cant have the flue exiting someones garden as it is now, which was fine when the present boiler was installed years ago as it was within the building/plumbing regs at the time. They said i can have a vertical flue provided i stayed within my boundary line......hence the need to know if the wall is the boundary line ?....as "pinkhelmets" said...the gable wall could be the boundary line.....been ringing around council, reg office, all useless keep telling me to loook at the deed of the house, but thats not gonna tell me what i need to know....alternative is to go straight through the roof of the new extension on the other side in my garden which has a pitched roof on that side as well, but would mean having a long flue extension, which will probably exceed the limit for a valiant or worcester bosh boiler...
 
The ground level should be a minimum 150mm (6") below your DPC line. If you can't acheive that see if your neighbour will consent to having a french drain (trench filled with gravel ideally min 400mm deep 150mm wide) dug by your wall.
 
cheers "severus"...illl have to have a look at the damp proof course and see where it is...and where it should be..
 
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