existing gutter overhanging boundary wall

[alex12]

I have a garage attached to my house which goes right up to the boundary of my neighbours property, I have to have my garage roof repaired as there is a hole in it and I have a roofer lined up to do the work. However, the gutter on the side of the garage overhangs my neighbour's property and we want to just put the guttering back up as it is now once the repair and recover of the roof has been done. As this gutter has been there for at least 25 years to my knowledge, can I legally put this back up or, if my neighbour does not want this putting back up can he stop me?

Also, if my neighbour has the right to now say he does not want this guttering on the side of my garage, what do building regs say I need to do regarding drainage and is there any alternative?

 

[tony1851]

If it's been there for 25 years, I would assume you would by now have the right to have a gutter there.
As regards Building Regs, lack of guttering won't be an issue if the garage
is less than 30 sq m floor area; single-storey buildings of less than 30 sq m are normally exempt from Building Control.

 

[tony1851]

Sorry!, didn't notice it was an attached garage, which would need to comply but I still can't see you having any issue with the Council. If you did, it would probably only be because the neighbour complained, and why should he if he asked for the gutter to be removed in the first place?

 

[alex12]

thanks for your reply, I spoke to Building control today who told me I should have gutter attached to my garage so that the rainwater does not go on to the neighbouring property otherwise they can sue me for damage.

I am waiting for a solicitor to call me tomorrow morning for legal advice as a few people have said if its been there that long I should be able to put the gutter back up once the repair has been done, which will be done over the next few days.

My neighbour has told the builder if we put it back up he will rip it off so I think I would be aswell getting legal advice.

I will keep you posted.

 

[^woody^]

This thread covers it www.diynot.com/forums/viewtopic.php?p=1878006

The gutter may well have been authorised by the neighbour or a previous one, or you may or may nor have acquired an implied or a prescriptive easement.

And a court may or may not grant a licence or easement if it went that far

Its very complex and nothing can be assumed correct without any documentation

Also, once removed, it is quite likely that the gutter could not be reinstated if there is no formal permission for the over-hang

The neighbour would be acting unlawfully (ie criminal damage) if he tore the gutter down though

 

[alex12]

Thanks for the link, I think I will just get the builder to put it back up as he has to remove the wood its attached to as its rotten so I cant get round that really so he can change the wood that the gutter is attached to and re-attach to the new piece and if my neighbour rips it off the just contact the police, I have taken photos and got a statement from another neighbour to state the gutter has been there for over 20 years since she moved in.

Obviously subject to me checking with a solicitor first regarding taking it down and putting it back up again or replacing with new gutter if its no good and the legalities around this.

If the neighbour had bothered to come round and talk to me I could have asked what the problem was but as he is being quite aggressive to the builder its just made me not want to converse with them at all!