Neighbouring Drainpipe draining into our property

Rob_Quads · 20 Sep 2016

We are currently in the process of purchasing a new build property.

When we last visited the property they had finished working on a garage which forms part of our boundary. What we have noticed is that there is guttering overhanging our property (not hugely fussed about this but not sure how they are meant to maintain it without access to our property) but more importantly the downpipe for the guttering goes down into the ground within our property boundary

Here is a picture showing the guttering and downpipe

Is this normal? I would have thought you should only drain your water onto your own property?

(We are speaking to our solicitors but they are being their usual speedy selves)

GeoffJ · 20 Sep 2016

Depends where the official boundary is located . This may not be where you (or myself) may see the physical fence/wall.
Given that it is a new build the it appears that this is a new boundary is between two sub-plots, the developer can define the boundary where they like.
The information on the land registry is only indicative and can not be relied on.
And even if you are right about the gutter and down-pipe, you may need to prove your opinion in a court of law (++++++££)

Rob_Quads · 20 Sep 2016

The boundary as per all the plans we have seen is the wall of the garage

mattylad · 20 Sep 2016

Can it be redirected behind their shed onto their own land?

Or perhaps into a water butt to provide you with free water for your garden?

chappers · 20 Sep 2016

Rob_Quads said:
The boundary as per all the plans we have seen is the wall of the garage

Then no it shouldn't be on your land, but as has been said it's a new build so the developers could define the boundary anywhere at completion.

^woody^ · 20 Sep 2016

There is always an implied easement for the soffit, eaves, gutters and drainpipe on these new builds

unclebob1 · 21 Sep 2016

Would you be the actual freeholder of the house?

I ask as a bovis property i have purchased, has a 999 year lease, thus i am still effectively a tenant to Bovis. There is a peppercorn amount of rent to pay, (not that they have provided any method to pay £1 a year!). As a result, as per your picture, the garage can dump its water into the developers property, as its still all their land!

jeds · 21 Sep 2016

This is fairly common and, as woody says, is usually covered by an easement. I have been involved in a similar situation though that did cause a problem because the rwp drained into a soak away in the middle of the garden which blocked up and caused a mess. So I wouldn't worry about the overhang, rwp or gutter if I were you but I would check to see where it drains? If it's a soak away on what will be your land I'd definitely ask them to move it.

PS. they will have access to your land for maintenance under the Access to Neighbouring Land Act.

freddiemercurystwin · 21 Sep 2016

jeds said:
If it's a soak away on what will be your land I'd definitely ask them to move it.

I be amazed if a national developer even considering moving it, unless the sale of this property is vital now to keep the site budget in check they'll let the OP walk away.

Deleted2797112 · 21 Sep 2016

jeds said:
PS. they will have access to your land for maintenance under the Access to Neighbouring Land Act.

Only on going to Court and requesting an Access Order, which depending on the circumstances, the Court may or may not be minded to grant.

Doggit · 21 Sep 2016

GeoffJ said:
Given that it is a new build the it appears that this is a new boundary is between two sub-plots, the developer can define the boundary where they like.
The information on the land registry is only indicative and can not be relied on.

I think I'm going to have to query this chicken and egg scenario. The land registry will be the final arbiter of where the boundary is, but have the plots been registered with land registry yet, if not, then the builder has the current say, but it's a slap dash setup, and something needs sorting out.

It looks as though the garage has been built, and the fencers have taken the fence to the wall, not spotting the guttering issue. The danger you've got, is that the fence might get moved onto what is currently your plot, to allow them to maintain the guttering.

Deleted2797112 · 22 Sep 2016

Doggit said:
The land registry will be the final arbiter of where the boundary is, but have the plots been registered with land registry yet, if not, then the builder has the current say,

Whether the property is already registered or the developer has yet to submit for registration, the boundary will be registered by the Land Registry as a General Boundary only.

https://www.gov.uk/government/publi...ans-boundaries-practice-guide-40-supplement-3

motorbiking · 22 Sep 2016

Do you know where the drainpipe connects? Are they planning (or have they already) dug a soak-away on your property? I'd mentally value your purchase based on a vertical line from the guttering down. Imagine there is a fence - reprice your offer accordingly given there is a party wall on your land with a substantially overhang and a soakaway giving your next door drainage rights.

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Neighbouring Drainpipe draining into our property

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