Neighbour extension causing rainwater on my land

[lostinfens]

Doing a job in Ealing many years ago, I actually had a client's neighbour complain that they didn't have the "pretty" side of a close boarded fence on their side. I offered to board their side as well for a price which surprisingly they declined.
Also built a boundary wall in Gerrards Cross, which the neighbour immediately claimed as theirs by counting from the end of the terrace. When I pointed out that they could just as easily count from the other end, they seemed to lose interest.
Isn't it strange how people can get bent out of shape for possesion of a few inches of brick or wood.

 

[manzana]

Thanks again! Yes! you are right, I am not really concentrating on whose fence it is as really the issue is the water 'nuisance' and also roof on my side.

Lostinfens - yes the roof is into my side by 2-3 inches, whats worse is he doesnt see what is wrong with that....he is just being a pain really.

I know have a much better idea where I stand and what to do next. Thanks again everyone for their comments to help me......

 

[xdave]

Your neighbour's extension is causing a legal nuisance, both with the overhang and the discharge. If a friendly discussion goes nowhere then write to the neighbour stating your concerns and ask for it to be rectified within a reasonable timeframe, or you will arrange for the work to be carried out and sue them for the costs. Ask on http://www.gardenlaw.co.uk for more assistance though because there are some circumstances where you may not be able to do anything (such as if you didn't object at the time it was constructed, but could reasonably foresee the rainwater would have to discharge onto your land).

Beware - some of the advice given in this thread is inaccurate.

The direction the good side of a fence faces bears no legal indication as to who owns it. It never has done. Although widely reported as fact by people who should know better, it means absolutely nothing.

Although the law presumes that you will fence the furthest extents of your land (which with a close boarded or wire fence would suggest that the post is normally sat on your land with the facing on the boundary) there is no legal requirement to fence your land and you could site a fence 2 metres inside your property if you wanted. If you didn't maintain the land on the other side you would probably lose it over time if someone else did, but if you did or there were other markers in place then any court will find the land is still yours.

Even if there are ownership marks on your deed/title that suggest the boundary fence is owned by you, that is only the case if it is the original fence or a new fence was erected in the same location (regardless of the party who paid for it). If the current fence was erected on the neighbour's land and then the original fence was removed, it is no longer your fence.

Additionally, be aware that boundaries are defined on the ground not on paper. The measurements in your deeds or any LR titles will not be accurate and courts will treat physical indications with a much higher priority than written ones.

 

[lostinfens]

Bang on xdave! Boundary lines on deeds are generally so thickly marked as to be inconclusive.
Years ago I planted a hedge within my boundary with the blessing of the neighbouring farmer, two owners later decided that the middle of the hedge denoted the boundary & almost hacked it to death. He started a long and costly dispute (for him) and kindly paid for a survey of our plot and all our costs. The survey was done professionally using gps, and landmarks but still had to be agreed between parties

 

[manzana]

Xdave - thanks for that!

When we moved in some parts of the extension was already there (2 fence panels long) within the last 2 years it got extended by another fence panel. However, at all times the old roof did stop at the fence boundary, it was not overhanging so we didnt think to say anything then as we thought it wasnt hanging over on our side. But now the new roof is over onto our side by 2-3 inches and ALL water is (will be) falling in our side of the land.

 

[jeds]

Do beware of dodgy advice. It's a mistake to think that a legal presumption is legal in the sense of it being the law - it is not and nobody said it was. Anybody who understands knows it is the presumption (the clue is in the question) used when there is no law. It's a bit like possession being nine tenths of the law. Of course it isn't the law. But possession is definitely nine tenths of the law. If you get what I mean.

Look up legal presumptions for yourself.

 

[tim00]

Thanks for the ref to Garden Law which naturally leads to the Boundaries Problems Website.

I hold my hands up for giving wrong advice, but i believe that i'm only half wrong, so to speak.

When doing grant work for the local authority the grant inspectors insisted on fences facing the neighbour's property, reasoning, as i claimed above, that that defined possesion of the fence. I also have hearsay of small claims court decisions based on the same rule.

The excellent legally driven web sites above claim that "custom dictates" that the fence face the neighbour.

However, the key seems to be, as xdave corrected me, that the answer lies in an "on the ground" survey/measurement.

I dont wish to go on with this as its obviously a complex legal matter and i have no legal knowledge. I was involved in a complex building dispute and the best legal advice i got was from the expert solicitor ( a school friend) at my first interview, he said" go back and resolve the dispute amicably, flee from the law."