My guttering overhangs neighbours flat roof utility room

12 Feb 2014
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United Kingdom
I bought a property in june 2013 which needed extensive modernisation internally and externally. Part of this refurbishment was a reroof to the main roof, extension roof and replacement of the flat garage roof. I opted to have a mono pitch roof to go onto the garage which wraps round the back of the house incorporating the extension reroof. My builder used the existing garage wall to build upon and this was built inside the boundary line. My neighbour had built their single storey extension up to the boundary line. My roofer has situated the guttering so it sits over my neighbours flat roof part way along the length of the garage. (I didn't know the builder was doing this until it was finished. My neighbour spoke to me about 4 months ago about it saying she didn't"like it" and cited difficulties if she had to have roofing work undertaken. I offered to unclip the guttering if shr needed access to undertake such work. I also offered to remove the guttering and not replace it. Now she has written to me stating that neither option is acceptable to her quoting"trespass of water" if I remove the guttering. The work has been passed by building control, and they have advised the only alternative is "box guttering" which they state is costly and prone to leaking (so I still risk trespass of water). I am unsure how yo proceed with this now because if I have to remove the garage roof it will have implications for the extension roof as well. Does anyone have any suggestions? Many thanks
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These are things that should have been considered before building over neighbours land.
...."i didn't know my builder was doing this until it was finished...."

Did the builder sneak up one night and build the entire thing whilst you were asleep?

Who designed the roof?

Did you agree to the design?

Did you consult with the neighbours at any time prior or during the build?

As said, this roof has been poorly thought out with zero regard for the neighbours and selfishness on your part. Whist the builder is a prat for not pointing out the gutter trespass, you are responsible for the finished product.
Obviously the builder did not sneak in 1 night at put the roof on. I did not realise where the guttering was going to sit until it had been fitted.
I was hoping to obtain some sound advice regarding this situation about how to resolve it now the issue has come to light.
Had I known it was going to sit over my neighbour s roof of course I would have spoken to her.
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you know whats needed as in drainage without crossing the boundary with structure or water
and the options are a gutter on your side or the roof sloping to shed water on your property/land
no better news than that i am afraid :cry:
Had I known it was going to sit over my neighbour s roof of course I would have spoken to her.
I can't help thinking this statement also smacks of selfishness.

Instead this should read...
" had i known the roof design meant the proposed gutter was going to be trespassing my neighbours land I would have re-designed it ".

Trouble is there are many posts on the subject of encroachment whereby grasping greedy people are building up to and across boundaries without regard for the neighbours and with only their own interests in mind.

Either offer you neighbour a financial sweetener for Easement rights or take it down and re-build it correctly.

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