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  • TV Aerials

    We have been threatened with legal action to remove a recently erected TV aerial from a common chimney stack. I am surprised by this as almost every semi-detached house seems to share the stack for the erection of the aerial.



    I should point out that the aerial in question is a perfectly normal one and no bigger than any others in the area. It is held onto the stack in the normal manner and has not damaged the brickwork at all.



    Does anyone know the legal position on this and what action I should take? My neighbour is threatening to take the aerial down and sue me shortly.

  • #2
    Hi Biggles and welcome to the forum



    I'm sorry I don't the legalities about aeriels but it sounds strange. Most people have them and I've never heard of anybody objecting as your NFH has. Hopefully some other members may have the relevant advice for you.



    Have you got a CAB in your area? Maybe they will be able to help. What exactly is your NFH's objection to the aeriel?



    Of course NFH defy all logic, it seems to be in their genes



    Good luck



    Misty
    "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

    Comment


    • #3
      Hi Biggles,



      I'm not too sure about this one either. Just out of interest, does your neighbour have a TV aerial too? What exactly are they claiming the problem to be? Before I moved house, I lived in a mid-terraced house where all the TV aerials were on shared chimneys. No-one ever even gave it a second thought.



      Is there maybe more to the story that has made your neighbour react so unreasonably to such a small thing? :crazy:



      Blue Cow

      Comment


      • #4
        Hi Biggles



        Welcome!



        Oh dear, you sound like you have very picky neighbours .



        Firstly, your NFH cannot touch the aerial - it's your property and he would be causing criminal damage, breach of the peace, tresspass... If he attempts it, call the police straight away !



        You need to look at your deeds. Is there anything in there about fixing aerials to the roof or chimney in it?



        Is your house a new or old house? New houses tend to have restrictions on fixing external aerials (esp in certain areas). In those cases, it's best to put in a loft aerial. Is this something you could do anyway if your NFH actually carries out the threat?



        However, if others around you have erected an external aerial, then there are precedents...this may be in your favour if your NFH persists.



        Check your deeds yourself if you can. Otherwise, I'd be inclined to sit tight until a solicitor's letter arrives. Your NFH might just be throwing their weight about - after all, solicitors cost heaps of money, as I very well know :sad: .



        I hope that this fizzles out into nothing for you, otherwise it looks like you might be forced to consult a solicitor to fight your corner in the end ... something to be avoided like the plague if possible!!!



        Good Luck



        Mazza

        Comment


        • #5
          Thanks for all your responses. Just a little bit of filling in to respond to some questions.



          The house is 43 years old.

          Yes nfh has an aerial which is attached to the gable end (this was erected by nfh's predecessor even before we moved here). We have lived in this house for 17 years, nfh for 4.

          My aerial was moved to the common stack from a stack which was demolished.

          Nothing is contained in the deeds which preclude the use of TV aerials on chimney stacks.

          Other properties in the area are using shared chimneys for TV aerials.

          Comment


          • #6
            Hi again



            From what you have said, unless you live in a conservation area and planning permission/ conservation area consent is required, the NFH can go fly a kite!



            If there's nowt in the deeds, I really don't understand what the NFH's problem is.



            Only other thing I can think of is is the aerial on your side of the shared stack? If not, the NFH might have an argument.



            Otherwise, ignore the foolish nerd! :lol:



            Remember, he cannot interfere with your property, don't hesitate to call the cops if he does.



            Even if he consults a solicitor, I really don't see how far it can possibly go :blink: .



            Good luck - let us know how you get on.



            Mazza



            :ban:

            Comment


            • #7
              To get to your aerial I would imagine your NFH would have to get onto the roof and I'm assuming the aerial is on your side of the chimney. I recall reading in my husband's police diary something about roofs. I seem to recall that if a policeman finds somebody on a roof that isn't theirs that they can arrest them. I vaguely recall it being a specific offence.



              I've tried looking on the net to see if I can find out for sure but unfortunately I can't find anything dealing specifically with roofs. But if your NFH does go up onto the roof and is on YOUR side I would suggest you call the police immediately.



              Misty
              "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

              Comment


              • #8
                You don't make it clear if your aerial is bolted to the stack or attached with strapping.



                I had this hassle with my NFH who wanted me to take down my aerial and strapping under the pretence that he wanted to carry out some repairs to the stack.



                Simple solution was to agree and bolt it instead. He still caused hassle but in my long term game plan, I know this all counts towards our case.



                So if yours is bolted, and on your side, no, he can't make you remove it.



                Take some pictures of how it is at the moment in case he takes the law into his own hands.
                Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



                We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




                So what's the plan?



                Rescue the damsel in distress, stop the bad guys, save the world.

                Comment


                • #9
                  Thanks again for your comments and reassurance.



                  The aerial is mounted on my side of the stack but is held in place by straps around the stack like every other one I know off.



                  Thanks again for all your help etc



                  Biggles.

                  Comment


                  • #10
                    Hi again



                    Has this fool actually told you what his/her objection is?



                    I really don't see what the problem is. :huh:



                    OK, they can be picky about strapping going around the stack, so if push comes to shove, just bolt it down on your side as Rockbank suggests.



                    Goodness me, some people are so pathetic, causing problems for no reason. All it does is cause an 'atmosphere' .



                    Let us know how you get on



                    Mazza



                    :ban:

                    Comment


                    • #11
                      Hi,



                      If you decide to remove the straps let your neighbour know you're doing him a favour.
                      'The only kind of courage that matters is the kind that gets you from one minute to the next.' - Mignon McLaughlin

                      Comment


                      • #12
                        There are some very strange people around these days. Why would he object to something on his roof. Its not as if he spends the majority of time up there is it?



                        FF
                        Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



                        Vince:"You don't know anything about me. Do you know anything about me?"



                        Howard:"I know...of you"



                        Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

                        Lovely lady with the eye

                        Lovely lady with the eye

                        You've only got one but it's a good one

                        Lovely lady with the eye, the eye, the eye, the eye, the eye

                        coming forward on a string, thats not normal, urgh

                        Yeah! I'm in a band..."

                        Comment


                        • #13
                          An internet search revealed this



                          http://www.adviceguide.org.uk/index/family...ur_disputes.htm



                          Sorry - don't know how to make this work asa link





                          Amongst other things it says:



                          "Amenities which are shared



                          Who is responsible



                          There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property’s legal documents.





                          The legal documents may give you as a property owner rights over your neighbour’s property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour’s property implies a right to go on that neighbour’s property to undertake repairs, although any damage incurred to that property must be made good. If access is refused, an application can be made to a county court for an access order - see above.



                          Hope this helps

                          Comment


                          • #14
                            Link works fine M8!!



                            thanks for that info!

                            Comment


                            • #15
                              Welcome to the Forum biggles



                              Sounds like you've had some great advice already - hope it's helped and that you get this sorted.



                              Let us know how you get on.

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