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Neighbours guttering inside our garage

Discussion in 'Building Regulations and Planning Permission' started by Lsk123alarm, 14 Nov 2016.

  1. Lsk123alarm

    Lsk123alarm

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    To cut a long story short. Our neighbours garage roof overhangs into our garage and their guttering is actually inside our garage! This was done about 10 years ago. It leaks inside our garage. Last year we had an extension built. We appointed a joint party wall surveyor. We were told he had worked with neighbours son in law but he assured us he had to act impartially. He told us the garage roof just needed cutting back and the guttering moved so we agreed we would pay for this? When the builders started they said they wouldn't do it as the roof as made of plastic it would just shatter. They just refused and when the lintel to hold the extension was fitted the neighbours guttering fitted inside? They said they would move it if inspector told them to but they never. We asked them a few times to move this but they wouldn't. They left December after building the extension. We got another builder impn a couple of weeks ago who confirmed neighbour would need a whole new roof. He spoke to her and her son in law. He also uncovered another problem. At the back the spout from her downpipe is in our garden. He said she has no drainage at the back and we are also taking water from two doors up! I rang party wall surveyor and explained all this and he said we now need to sort it out between us! I have sent an email to them friday offering to pay half of new garage roof for her and to pay to move her guttering and given 7 days to reply or we will take legal advice. Where do we stand legally here? We are so stressed out by whole situation
     
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  3. Lsk123alarm

    Lsk123alarm

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    I ought to add because of her guttering and her roof sitting in our garage we cannot seal our garage to make our extension watertight
     
  4. Nakajo

    Nakajo

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    I almost want to hear the long story... no, no I don't
     
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  5. garyo

    garyo

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    Can you take a photo of the existing situation, ideally one that shows the boundaries between the two properties?
     
  6. Lsk123alarm

    Lsk123alarm

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    I will have to sort some out. Know I've got some on my PC at work was a load in old tablet but that packed up! I can't understand why party wall surveyor won't just make an addendum award for this. When I told him I was getting new builder out a couple of weeks ago he said if we alter the guttering design that's in the award he has to make an addendum award. When I rang him back to say she needs a whole new roof it can't be cut back as per the award and I mentioned the drainage at the back he is saying sort it out between you! Is this right? We paid him £900 for the award he came for initial consultation never been back since
     
  7. Lsk123alarm

    Lsk123alarm

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    Just went out back took a couple of situation there this is her downpipe totally sitting in our garden. Sorry they aren't brilliant because of the hedge IMG_20161114_160447.jpg IMG_20161114_160437.jpg
     
  8. Lsk123alarm

    Lsk123alarm

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    This is situation inside our garage looking up to show where we can't seal our property because of her roof and guttering inside our garage. I need one out front without neighbours watching! IMG_20161114_160352.jpg IMG_20161114_160326.jpg
     
  9. HERTS P&D

    HERTS P&D

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    Did you take the pictures with a cornflakes packet?

    Andy
     
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  11. dom_k

    dom_k

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    Is he an RICS surveyor? If he is tell him you are considering reporting him for unprofessional advice. He may start becoming more helpful then
     
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  12. noseall

    noseall

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    upload_2016-11-15_6-49-24.png
     
  13. Lsk123alarm

    Lsk123alarm

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    Thanks Dom. Yes he is a rics surveyor. His name was also on the pyramid and thisbe website at the time. I really think he has acted biased towards neighbours during the whole thing as he has worked on projects with the neighbours son in law
     
  14. Lsk123alarm

    Lsk123alarm

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    I've found some better photos to explain the situation and show the neighbours guttering runs over inside our garage and is now sitting inside our extension within the steels. The photos don't show this but her corrugated plastic sloped garage roof is also hanging inside our extension. This is a big issue for us since having the extension as we can't seal our house. As above there's also the situation at the back with her downpipe pointing into our garden and as she has no drainage We are taking her neighbours water too. We don't know who to turn to anymore. I'm at the point of a nervous breakdown.

    download.jpg download (2).jpg
     
  15. wessex101

    wessex101

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    How long has the guttering been there? The neighbours garage looks quite old.

    In a nutshell if the guttering has been there for at least 20 years they have probably acquired the rights to keep it there so it would be down to you to make them an offer to change the roof, probably requiring you to pay. If it is less than 20 years and there are no express easements permitting it then tell them to remove the trespass.

    Rather unfortunate that it has got to this stage without it being resolved, makes you wonder what the designer had in mind when he drew the plans. It looks like you will need to form a box gutter along the neighbour's side which can be quite tricky if trying to cut into an existing roof.
     
  16. motorbiking

    motorbiking

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    I think Wessex101 could be correct, If this ends up being a boundary dispute you might have a £50-70k bill on your hands. As it stands now - I'd focus on getting an agreement to remove the gutter and rework the neighbours garage roof - I'd be ready to put 10k in the pot to do that. Your extension is at risk if you lose a boundary dispute.

    Regarding the drainage at the back - its established you can't do anything other than dig a soakaway perhaps - £5-800 well spent in the grand scheme.

    From a legal point of view - if you agree to pay, you should offer to pay your neighbour for your contribution for the work, not arrange for a builder to do it. Its better if the neighbour does it as its her land. Neither of you will be able to get market value for your houses until this is fixed.

    A before photo might also help
     
  17. Lsk123alarm

    Lsk123alarm

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    Hi the guttering has been there for about 11 years. We did not give any permission.obviously now we have our extension it's crucial for it to be moved. The party wall surveyor drew up the award saying we can cut into her roof and move it but you can't cut the roof which is why we are in the position. He won't get involved now it cant be cut so I'm going to be making a complaint against him as he advised incorrectly in the first place. We have offered to pay for half the neighbours roof and for the guttering to be moved. We asked them to reply to our offer in 7 days which ends tomorrow. They haven't came back saying anything. So are you saying we should be responsible now for paying for the whole of her roof to remove her trespass?
     
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