boundary guttering

[turnpike]

i'm planning to have my attached garage rebuilt and a pitch roof put on it (extending/replacing the pitched roof already over the attached kitchen extension). However, just above the existing garage wall is the guttering of a neighbours car port.

I've not been in the house long and they have been there decades. I will be hoping for understanding and cooperation but am I likely to have any rights? It seems silly that i might not be able to sort out guttering or bring my wall up a bit.

thanks turnpike

 

[r896neo]

You cannot build in such a place/ manner where you will overhang his boundary with rainwater goods facia's or anything else. The same applies to him.

 

[noseall]

As stated, if your neighbours guttering is overhanging the boundary line then it is trespass.

You in turn will be lucky to include any cloak, fascia, soffit or guttering should you need to do so.

Open the can and it may be full of worms!

 

[turnpike]

if we don't just figure out a way we both agree to sort it, am i likely to be able to remove any guttering of theres above my garage wall? or could it have been there so long that i have lost rights to the space above my own garage?

 

[noseall]

if we don't just figure out a way we both agree to sort it, am i likely to be able to remove any guttering of theres above my garage wall? or could it have been there so long that i have lost rights to the space above my own garage?

He never has and never will have right to your property unless you agree to it.

 

[turnpike]

well thats great. i read that if someone builds over your boundary but no one says anything or complains for several years, you lose the rights you had?

ive only been here a year though. but no doubt the boundary was crossed during previous owners.

 

[noseall]

well thats great. i read that if someone builds over your boundary but no one says anything or complains for several years, you lose the rights you had?

Load of bawlix.

There are set procedures for claiming land and the owner needs to be informed. I take it nowt was mentioned in the home buyers survey?

 

[mointainwalker]

@noseall

Out of curiousity, what would the position be if the previous owner of the house had granted permission for the overhanging gutter ?

Would the new owner have the right to revoke this, or would "the agreement" be part of the house-sale ?

 

[Nige F]

well thats great. i read that if someone builds over your boundary but no one says anything or complains for several years, you lose the rights you had?

Load of bawlix.

There are set procedures for claiming land and the owner needs to be informed. I take it nowt was mentioned in the home buyers survey?

Adverse Possesion ..you used not to have to inform owner ...Very useful if your garden backed onto a redundant BR line took 13 years ( I think)

 

[noseall]

@noseall

Out of curiousity, what would the position be if the previous owner of the house had granted permission for the overhanging gutter ?

Would the new owner have the right to revoke this, or would "the agreement" be part of the house-sale ?

I would imagine the "agreement" disappears with the previous owner, unless a purchase was made. In this instance it would be foolish of the neighbour not to delineate his new property with some kind of fence or border. I would also think that a minimum of say 18" would need to be purchased in order to clarify new property lines.

Probably.

 

[mointainwalker]

Thanks for your answer .

 

[turnpike]

noseall: I can't find any reference to the overhanging gutter and car port roof in the deeds and other docs.

Next step is just to hope they are open to discussion. I've already mentioned to them the sort of work I'm hoping to have done. Even if the guttering goes, a bit of the metal carport roof over hangs, and even if that was cut back, I'd then have rainwater run off within an inch of my new wall. It's difficult when you don't want to cause any problems but it's just daft to build that close and over someones buildings.

I feel quite sure I'm going to be blanked when I say their structure is in my way, but fingers crossed.

 

[noseall]

Whenever we have built tight against the property border/boundary and this has involved disrupting the neighbours roof (i.e. shared garage roofs or outbuildings), it has then become the responsibility of client to find a way of dealing with the neighbours r/w run off.

Granted, it is an added cost but it is a small price to pay.

I still don't know how you will accommodate all of your overhanging bits, or is it not your intention to build right upon the boundary line?

 

[BREAKALEG]

I have recently spent £2300.00 on party wall surveyors it takes forever and can cost double that figure in some cases.
In my case it is a neighbour being a pain out of malice rather than a boundary dispute - my advice would be to figure out a solution to his rain water discharge and then propose it to him and offer to pay for the work (being very nice at the same time).
It would be criminal damage to remove his gutter etc even if its on your property which may be hard to prove anyway.
A new car port for your neighbour could be a better solution than a full blown legal boundary dispute.

 

[turnpike]

The gutter is directly entirely above the edge of the flat roof on the garage I want to rebuild pitched. It's above my garage wall so I'd have thought there is no doubt it is on my property.

The side of my house is very narrow as is. I'd have to have the wall exactly where it is now only higher for the new pitched roof.

The only solution I can think of so far which might mean the car port and gutter didn't move, is for me to have a lower sloped ceiling and different lengths/pitch for each roof side.

noseall: yeah it makes sense to just work with the neighbour to make sure guttering is all sorted out. I've no idea how that might be done yet.

Good point about my overhanging guttering etc. Basically I think their carport has used all of our boundary area which I'd normally expect to be used for both our gutters if you see what I mean. Further back where our other outbuildings are is fine with a space between walls. It's just the car port has nabbed every last inch and then some.