We need some advice on a problem that we are having with our neighbor. She recently began work on a one story extension in the back of her house. Unfortunately, the previous owner of our house placed a dryer vent in the side wall of our house adjacent to her property. The new extension will block the dryer vent. Therefore, we are trying to find a solution to either move the dryer vent so that it exhausts abover her extension, or to build the vent into the outer wall of her extension. She says that the dryer vent was placed there illegally, and although she is probably correct, she did not take this up with the previous owner and allowed the vent to be there for the last 5 years. What are the city’s regulations for vents or similar placed at the side of row homes? Since our extension/dryer vent was there first do we have any argument to ask her to work around the vent? Or do we have to suck it up and deal with the fact that our dryer will now be useless? Does anyone have any possible alternative solutions?


Comments

  1. Thanks for the advice everyone. It looks like we are going to be able to work this out with our neighbor. She sent her contractor round today to look at placing the vent above the roof of her extension. Seems like it should be an easy fix. Its true though – the former owner should never have put the vent there in the first place. At least our neighbor is generous enough to want to work this out so that we both win.

  2. If you have a vent which crosses a property line, that’s considered trespass and your cost to get rid of it, regardless of when it was made (I am unfortunately involved in a dispute about a cornice from 1890, there’s no statute of limitations or use easement on this sort of thing).

    Also — is this a gas dryer or an electric dryer? makes a big difference where you can place the vent. An appliance throwing off CO must be vented 5′ at least from any window (I believe that’s the difference in the new code).

  3. I’m not a lawyer either, but we had both a window and a dryer vent on the property line of an extension we built, and it passed inspection. That said, there’s nothing to prevent the owner on the other side from building right over it either, so when push comes to shove, I think you have to move it. If you don’t want to move it and think you shouldn’t have to, you might have to sue, but that will surely be some bucks. I would either run the vent through the back of your wall (if possible) or try to work something out with your neighbor (again, if possible).

  4. My son’s mother and her partner had this issue, altho in their case it was the vent to the neighbor’s boiler (!). The advice they got from their lawyer was that the neighbor was illegally invading their property (in their case the pipe actually extends into their backyard), but that they would have to sue the neighbor. They attempted to contact the corporation which owned the property, but to no avail. In their case they were able to adjust their plans to creat a soffit which allowed clearance for the pipe (which was on the 2nd floor). That said they just built up to the property line windows in the same property. SO there seemed to be some distinction between creating a health/safety hazard (blocking your neighbor’s boiler) and closing up illegal windows. Seems to me (and no this isn’t legal advice) a dryer vent falls in the latter category. make them run the vent to their back yard. Of course life is always better if you all work it out…

  5. If you are looking for legal advice, as always, you should consult a lawyer. I am not a lawyer and even if I were, I am not your lawyer. The following is not legal advice.

    I saw this post yesterday and I don’t have an expert opinion but as no one else has posted I will just state my guess that the law is probably on your neighbor’s side.

    Our neighbor has a small window cut in their extension right on our property line. I do not believe it is legal to have windows (or vents) on the property line and I guess a previous owner of our building objected as it is boarded up. In fact the current occupants of the neighboring building did not even know they had a boarded up window there; must be plastered over as well on the inside.

    For her to build your vent into her extension is a asking a lot. I don’t believe you have a legal argument, but you might be able to pay her to do this, but this gets complicated. What if the vent starts leaking rainwater into her house? For her the solution is to seal up the vent… Done right, you would want some covenant I think, and it would have to be passed down to future owners and this makes her home less valuable. If my neighbor approached me about such an arrangement I think I’d have to pass. (Unless it substantially funded the construction of the extension!)

    I think possible alternative solutions for you would involve and examination of the plans… Perhaps you could vent out the back instead of out the side? Or out the roof? In to the basement or crawl space (probably not legal but it is done).

  6. Is her extension legal? With permits and everything? If it is, would there be a problem with moving your vent so it exhausts above her extension. I wouldn’t want my neighbor’s vent to be on my property. I suppose legally, you could ask for an easement. I think you have to have used someone else’s property with their knowledge for 10 years before you can lay claim to it. Besides, I wouldn’t want to do that. It’s a little non-neighborly. But. I’m no lawyer.