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down pipe onto neighbouring land

Discussion in 'Roofing and Guttering' started by Silvertip, 5 Oct 2021.

  1. Silvertip

    Silvertip

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    Hi, hopefully someone will have some experience with this-

    my 200 year old end of terrace cottage has its downpipes draining onto the neighbouring village hall car park and runs away into their storm drains, its always been like this and there is no soak away in my property.

    The village hall committee have suggested i should change this, it would mean digging up both the front and back garden and patio area- i dont really want to do this obviously.
    as its been like it since the cottages were built, do i have to/ can they legally force me to change it if i refuse?

    any suggestions appreciated.

    cheers
     
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  3. catlad

    catlad

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    Unless anything's changed its doubtful!
     
  4. mattylad

    mattylad

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    No.
    You most likely have a prescriptive right/easement to use the drain now.
     
  5. Fielddb

    Fielddb

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    Because you have been using this right for so long you will, as mattylad says, most likely have prescriptive rights. This means you have a legal right to drain onto their land. You could politely tell them this and ask if they are willing to pay for the works? I suspect they may decide it’s not so important after all!!

    This explains it, albeit in “legal” terms. A right to do something over/under someone else's land is called an easement.

    https://www.gov.uk/government/publi...ce-guide-52-easements-claimed-by-prescription

    Dan
     
  6. datarebal

    datarebal

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    jog on, basically
     
  7. Silvertip

    Silvertip

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    Thank you for all the replies so far
     
  8. mattylad

    mattylad

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    FWIW my house was built in 1855, whilst it does not say it in my deeds I have a right to send my rainwater down the sloped pathway through the neighbours land at the back of the house because it's been doing it for over 100 years.
     
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