gutter overhang into neighbours airspace

[myshell]

Hi everyone, just look for some advise if anyone can help.
I built a conservatory in 2006 flush with my house, which at the time did not need planning permission for, i still don't need it now & have a letter confirming this from our local council, now the guttering overhangs into my neighbours airspace & now i am selling the house,my buyers solicitor has an issue with this,my neighbour has never had an issue with this for 3 years, but now that we are moving it has become a major sticking point, i have agreed with my buyers solicitor for a deed of easement, but my neighbour is refusing to sign it as it will need to go on his deeds too, whilst he has always let us clean the guttering, he is now dubious about letting anyone else onto his land to clean it,why?? i don't know. He is worried now that if he agrees to it now he may have a problem in the future when selling his property, i enclose some pictures to clarify, please bear in mid that the guttering on the guttering on the conservatory is level with guttering on my eaves of the main roof of my house.
Any help appreciated as we are meant to be moving on 21st july


http://img193.imageshack.us/i/dscn0584v.jpg/

http://img38.imageshack.us/i/dscn0582i.jpg/

http://img188.imageshack.us/i/dscn0572z.jpg/

 

[mattylad]

You built over your neighbours land, now its coming back to haunt you.

What do you expect us to say that may help you?

Had you considered your trespassing on their space beforehand then you would have built your conservatory a little smaller.

Now as your neighbour will not give you what you are asking for you are just going to have to put up with the consequences.

Try having a look over on gardenlaw.co.uk and you will find many threads by people like your neighbour.

 

[myshell]

i was actually looking at ways i could move the guttering so it would not hang over the edge. My neighbours did not have any problem with this before and are now only worried about the affects of this easement on their house sale shout they wish to sell, that is all.

 

[Richard C]

The pictures make it look like not only have you built your guttering over the boundary but a good bit of you cons as well yet it is in line with your house wall. With such a modern development, I would expect the boundary to be down the centre of the gap between the 2 houses; so why is that dividing boundary fence where it is at what looks like a good 200mm inside your cons? Have you checked where your boundary line actually should be? Whose fence is it? It may be the photos but something doesn’t look quiet right there to me.

If you have you crept over the boundary to maximise your cons space then you’ve only yourself to blame. You can’t rely on the goodwill of ANY neighbours & without a written & recorded agreement, you may be obliged to rectify it or remove it completely. For legal reasons, I would never agree to it & would certainly ask you to remove it.

 

[Shytalkz]

Jesus why do people in this country get so hung up over such pathetic little things? It needs access once a year at most to clear debris. Big deal.

So what difference does it make? *Really* make? Absolutely fekkin none.

There really are worse things to worry about in life. God this kind of pointless shoite, stirred along by bloody solicitors and pig-ignorant/awkward/belligerent neighbours, makes my blood boil.

And breathe...

 

[^woody^]

The answer is simple ..... remove the gutter.

There is no need for it. Jeeeez

And if you need to, the cill nosing and fit some lead

 

[Richard C]

I was more interested in why that boundary fence appears to be well inside the line formed by the wall let alone on a centre line between the 2 houses where I would normally expect the boundary line to be. If the boundary is currently in the wrong place the OP won’t have to do anything other than get it moved back to where it should be; but he seems to have gone.

 

[myshell]

thanks for all the replies, the interesting thing about all of this is that the fence is actually in the wrong place, it should be attatched to the side of the property, but we agreed to let the fence remain where it is as the builder said it would be too much hassle, i agreed to have the fence reattatched to the end of our conservatory as it was of no benefit to me to have it reattached to the side of the house,the neighbour had already erected a shed and we would have had to have uprooted the whole fence, with hindsight i should have insisted this be done.The guttering would then be within my boundary, it is technically but i cannot now prove it. I would be interested in any methods of moving the guttering onto the roof of the conservatory, while still being able to drain water away, I have tried to post pictures but they must be attatched to my profile
Regards
Sean

 

[Richard C]

the interesting thing about all of this is that the fence is actually in the wrong place, it should be attatched to the side of the property, but we agreed to let the fence remain where it is as the builder said it would be too much hassle, i agreed to have the fence reattatched to the end of our conservatory as it was of no benefit to me to have it reattached to the side of the house,the neighbour had already erected a shed and we would have had to have uprooted the whole fence, with hindsight i should have insisted this be done.

Erm, yes; boundary disputes can be notorious further down the line & many have their roots years before as a result of well intentioned reasoning such as yours; it only takes a falling out or a change in neighbor & all hell can break loose; sad, yes, but there are folks that make a serious living out of such disputes & it can cause problems as your now finding out.

Have you checked your deeds to see if, in fact, your boundary should be down a centre line between the 2 properties? It would never surprise me if the original builder attached the garden fence to your wall purely as a matter of convenience for him; or a previous owner has craftily moved it! Is it your fence?

 

[myshell]

the fence belongs to my neighbour & is encroaching on my land, it was originally attatched to the house a good 100mm in.the fence should be attatched to the side of the house & the title deed is inconclusive

 

[myshell]

The answer is simple ..... remove the gutter.

There is no need for it. Jeeeez

And if you need to, the cill nosing and fit some lead

hi thanks for your post bit confused what you mean as i can't remove the gutter

 

[^woody^]

Why can't you remove the gutter? It unscrews, or unclips

 

[myshell]

because my buyer won't buy it and my neighbour will probably sue me,is there anyway i fix the guttering to the roof my modification

 

[^woody^]

If you are not prepared to remove the gutter, then you will have to spend £1-1.5k installing a box gutter and adapting the roof

 

[myshell]

There must be some way of doing it without spending that kind of money!!
surely a gutter can be modified to fit on the top of the roof. my neighbour will not sign a deed of easement to allow my buyer to clean the windows and guttering twice a year just in case he is a gangster- how pathetic, my neighbour has no problem with conservatory or the guttering but will not allow a future party access. he is being bl00dy minded, i've offer them £500 to sign and pay for their windows and my windows and gutters on their side of the boundary for 5 years and he still refuses, i am going to lose my buyer & our dream home because of this. if it does not happen now, i have effectively been told by the neighbour because he will not sign that i can never move and with this is mind they will never be able to