1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

Neighbour extension causing rainwater on my land

Discussion in 'Building' started by manzana, 6 Jun 2011.

  1. manzana

    manzana

    Joined:
    11 Oct 2006
    Messages:
    28
    Thanks Received:
    0
    Country:
    United Kingdom
    I live at the end of a semi-quasi property. On the detached side there is about 1.5 meters to the boundary fence. Since we moved in about 5-6 years go my neighbour had built a wooden extension from the wall of his house to the fence itself, using the wooden fence panels as his wall for the extension. The roof came onto the fence and there was no guttering so rainwater used to fall down the wooden fence itself.

    He has now changed the roof, this time using conservatory plastic-like roofing material and the roof now comes onto my side of the fence by about 2-3 inches so all rainwater is falling on my land. I approached him to explain the issue and ask that he: 1) cut the roof back within the boundary and 2) install a guttering so we do not get his rainfall on our land. He refused to see my point of view and made it clear that he will not be doing anything about it.

    Questions:
    1) Is this type of extension allowed? Approx dims of the roof is 2meters by 6 meters (6m runs along the fence boundary).
    2) Can he just overlap the fence boundary with his roof?
    3) Can he refuse to put up a guttering on his side? I don’t want his guttering on my side, its only 1.5 meters wide anyway, so why should his building come onto my space?
    4) What can I do now to solve the situation?

    Thanks for any help!
     
  2. Sponsored Links
  3. tim00

    tim00

    Joined:
    30 Jun 2004
    Messages:
    661
    Thanks Received:
    57
    Country:
    United Kingdom
    Research will show you that this issue has been covered many times before.

    A1. no, its not allowed
    A2. whoever has the back of the fence facing their property is the owner of the fence. the front face of the fence is the property line. he cannot go beyond that without permission.
    A3. see above
    A4. talk, talk, talk. if calm rationality and good humour fails then send a written complaint to him by registered post. if all fails then you could take photo's and deeds and legal advice and go to small claims. a last resort with a neighbour.
     
    • Thanks Thanks x 1
  4. Alastairreid

    Alastairreid

    Joined:
    21 Nov 2008
    Messages:
    6,669
    Thanks Received:
    1,086
    Location:
    uk
    Country:
    United Kingdom
    Fit your own gutter on top of the fence and drain it back onto your neighbours side.
     
    • Thanks Thanks x 1
  5. manzana

    manzana

    Joined:
    11 Oct 2006
    Messages:
    28
    Thanks Received:
    0
    Country:
    United Kingdom
    Thanks guys!

    I am not sure what you mean by Answer 2.
    "whoever has the back of the fence facing their property is the owner of the fence. the front face of the fence is the property line"

    Also, I dont think talking will help as it never worked, we tried making him understand that if either neighbour wants to do something that we can talk to each other first and that seemed to have fallen on deaf ears. Plus, everytime we are not at home he changes stuff at the boundary fence. Example, cut our tree shorter when it was no higher than 2.5m high, cut the fence panel lower and also cut the concreate pillars so we cant put up a higher one again. We spoke about it everytime but he behaves like he can do what he wants. I am not sure how to prove ownership of the fence, which I guess will help solve a lot of issues as I know this wont be the last one.

    I am also approaching the council to see if they can intervene.
    if not as a last resort I will get the law involved or put up a guttering of my own (but it will be on my side still).
     
  6. Nige F

    Nige F

    Joined:
    28 Jun 2005
    Messages:
    21,236
    Thanks Received:
    1,751
    Country:
    United Kingdom
    In your deeds :idea:
     
  7. jeds

    jeds

    Joined:
    16 Apr 2004
    Messages:
    4,748
    Thanks Received:
    641
    Country:
    United Kingdom
    Firstly I would ask your local planning department to investigate the unauthorised building. Although if it's been there more than 4 years they won't be able to do anything about it.

    Secondly you need to establish ownership of the fence. Is it the original development fence? If so is it mentioned in land registry title registers? (yours or your neighbours) You can download these documents for £4 from land registry

    www.landregistry.gov.uk/wps/portal/Property_Search

    Although beware that title register documents only really apply to the original fence. If the fence has been replaced it is owned by whoever built and paid for it. If it's not the original fence who built it? Can you contact the previous owner of your house to get some background?

    If there are no records of ownership a court would apply the presumtion rule. In other words it would be presumed that the side which the fence posts face would be the owner of the fence. The side which has the good side facing would not be the owner. This is based on the general rule that the good side faces outwards.

    If all else fails apply for an injunction to prevent your neighbour discharging water onto your land. Or do as suggested above and redirect the water onto next doors land.
     
  8. big-all

    big-all

    Joined:
    12 Jul 2004
    Messages:
    19,146
    Thanks Received:
    1,513
    Location:
    Surrey
    Country:
    United Kingdom
  9. Hugh Jaleak

    Hugh Jaleak

    Joined:
    3 Feb 2008
    Messages:
    7,454
    Thanks Received:
    1,757
    Location:
    Northamptonshire
    Country:
    United Kingdom
    Pretty sure this is classed as a 'legal nusiance'. You should write to the neighbour, (send by recorded delivery) outlining the issues and telling him you expect matters to be sorted out to your satisfaction within 14 days or you will be seeking legal advice. Might be able to get a clearer understanding here: www.gardenlaw.co.uk

    Should matter go to court then if he has failed to rectify the issues then he could well be liable for all costs incurred as well as being made to remove to roof back to inside his boundary and providing adequate drainage for the rainwater. Do you have legal cover on your house insurance or trade union membership?
     
    • Thanks Thanks x 1
  10. Sponsored Links
  11. manzana

    manzana

    Joined:
    11 Oct 2006
    Messages:
    28
    Thanks Received:
    0
    Country:
    United Kingdom
    Thank you everyone for all your comments and support.

    I had to download a copy of the plan from the land registry and it does not state who owns the fence. It just has a red line around the perimeter of the land, with no 'H' marks to show ownership.

    My next step is to try and identify ownership by presumtion looking at the direction of the fence. It is larch lap fencing and the concrete posts seems to look the same on either side. What should I be looking for exactly? The wooden fence panels have the vertical strips of supporting wood to my side. The best side does face the neighbour both to my left and right. Is this what you guys are referring to?

    I will need to check the home insurance part, but I feel like I have enough ground to at least make some sort of stand to get my neighbour to understand my point of view or at least realise it will go further.
     
  12. lostinfens

    lostinfens

    Joined:
    13 Sep 2009
    Messages:
    260
    Thanks Received:
    14
    Location:
    Lincolnshire
    Country:
    United Kingdom
  13. geraint

    geraint

    Joined:
    28 Aug 2008
    Messages:
    1,710
    Thanks Received:
    24
    Location:
    Hampshire
    Country:
    United Kingdom
    whose fence is it......
     
  14. tim00

    tim00

    Joined:
    30 Jun 2004
    Messages:
    661
    Thanks Received:
    57
    Country:
    United Kingdom
    The fence is yours - the supporting strips are the back of the fence.

    From your deeds and info gathered so far, measure from your house to the fence at a number of points, and in your back garden from the fence in question to the fence on the other neighbour's boundary.Then compare these distances to the dimensions on the deeds/land registry document.

    There's lots of good advice above, but once again, keep calm and good humoured and do not go in for any tit for tat retaliation. your aim is to solve a difficulty not to extract revenge.
     
    • Thanks Thanks x 1
  15. lostinfens

    lostinfens

    Joined:
    13 Sep 2009
    Messages:
    260
    Thanks Received:
    14
    Location:
    Lincolnshire
    Country:
    United Kingdom
    By a quasi-semi, do you mean end-of terrace? Normally, the middle of the party wall is the boundary, but there are exceptions.
    If there is no clear and obvious indication that the fence is on your land, then I would forget about the ownership of the fence & concentrate on the nuisance caused by his rainwater. Does the roof really discharge completely into your garden- damn cheek if it does!
     
    • Thanks Thanks x 1
  16. JonB

    JonB

    Joined:
    9 Apr 2005
    Messages:
    590
    Thanks Received:
    24
    Location:
    Cleveland
    Country:
    United Kingdom
    Most people around our area seem to to put the good side of the fence facing themselves.
     
  17. noseall

    noseall

    Joined:
    2 Feb 2006
    Messages:
    43,832
    Thanks Received:
    2,707
    Location:
    Staffordshire
    Country:
    United Kingdom
    Don't blame 'em, why wouldn't you? :confused:
     
Loading...

Share This Page