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Neighbours guttering in my boundary - maintenance

Discussion in 'Building Regulations and Planning Permission' started by London1978, 10 Aug 2015.

  1. London1978

    London1978

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    Hi,

    I live in an old terrace and my neighbours house runs much deeper in the back than mine. His gutter only collects rainwater from his roof but the downpipe is in my boundary and empties into a drain on my side. It is not a party wall and the boundary line is his wall. I attach an image of the gutter downpipe going into my garden.

    His guttering is rusting, leaking and in a poor state of repair with holes. There are no issues of subsidence in his property as far as I can see. The relationship is amicable but I would like clarity of the issue.

    My question is who is responsible for the guttering which is encroaching on my boundary. I have no issue with the encroachment, nor the use of the drain on my land, but I would not be too happy if I am responsible for his guttering. Cannot seem to find any regulation on this.
     
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  3. Nakajo

    Nakajo

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    Your neighbour is responsible for their guttering. In England, you are required to provide reasonable access for maintenance as and when it is requested.
     
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  4. London1978

    London1978

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    As a follow up question, I know I said it wasn't a party wall but I'm just waiting for a copy of the title deed plan from the land registry to confirm. Under normal convention, would his building wall be a party wall or does the boundary line run along the outside? T The wall does continue down the side of my house and that is a party wall, but isn't it normal convention that this is his wall once my building stops?
     
  5. Nakajo

    Nakajo

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    It appears to be your neighbour's wall, but these things aren't always as clear cut as they first appear.
     
  6. ^woody^

    ^woody^

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    The gutter and down pipe are not encroaching the boundary. The neighbour benefits from a prescribed or implied easement.

    There are party walls in the context of ownership, and there are party walls in context of the Party Wall Act. So you need to be clear for what purpose you want to know if it's a party wall. Generally of you share use of a wall with a roof over it, the boundary is down the middle and its jointly owned. Otherwise the boundary is on the far side of the wall and the wall is owned solely by whose ever land it is on.
     
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  7. London1978

    London1978

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    In regards to downpour, don't care that it is in my boundary lines, just don't want to pay for professional painter as three stories high.

    In regards to party wall, we share wall up until my house stops - his jouse juts out a further 4-5metres. I'm hoping it is not party wall as it needs repointing. He said he thought the wall was party and since damage is on my side of wall, it may be my issue. Just hoping deed plan issues clarity but thanks for your input.
     
  8. ^woody^

    ^woody^

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    I can't see why that gable wall and the garden wall would not be owned solely by the neighbour, and so would not have shared maintenance responsibility.
     
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