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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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    I read that it's illegal to channel roof water through a downpipe onto neighbours property which is what she has done at the back.
     
  2. wessex101

    wessex101

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    The fact that you did not give permission for the guttering is irrelevant, the fact that you did not object for 11 years suggests implied consent but that is a legal aspect outside of my expertise.

    It is not the party wall surveyor's job to specify how the works are done, that is the architect/designers job. The party wall surveyor should be an independent "adjudicator" who determines if the proposed works are acceptable to both parties and comply with the relevant legislation. Although they may have made a suggestion to try and reach an amicable solution if the designer failed to do so but I do not think they can be held liable for the current situation unless they agreed to take on a design role.

    The works that were proposed have now been found to be impractical due to the age and condition of the existing corrugated plastic roof sheets so you or your designer need to come up with an alternative solution.

    Technically it looks like the guttering is trespassing but as the work has progressed without getting this resolved the neighbour is probably stalling knowing that the cost to you to fight this and the ongoing inconvenience probably means it will be quicker and cheaper if you just pay to replace their roof and re-route the rainwater drainage. Of course you could play hard ball and get all legal but be prepared for it to take months to resolve and end up with a hefty legal bill. Sometimes a more pragmatic approach gets results.
     
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  4. motorbiking

    motorbiking

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    I have to agree with Wessex101, based on the limited information, you've provided (and you'd do well not to post too much on an open forum), your case to win doesn't look too clear cut. It could be, but the passage of time works against you. There are two conflicting rights:

    - You own the air space above the boundary and if your neighbour builds or over hangs that there is a trespass and you have a right to remedy the trespass.
    - However, where you or a previous owner has allowed the trespass, explicitly or implicitly after a period of time (10 -20 years) they acquire some right. The longer the period of time, the more rights they acquire (though since 2002 that has been limited further). Also boundaries are rarely accurate to the nearest 4", so a defence would be that the boundary is at the edge of the gutter not the wall. In which case your extension is trespassing her land and she has the right to make you remedy it.

    This article explains the problem fairly well : https://www.lyonsdavidson.co.uk/can-homeowners-overhanging-eaves-gutters/

    This isn't an area of law I have much knowledge of.
     
  5. Sam456789

    Sam456789

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    Hi, im in the exact same situation just wish to know if you ever got round to sorting this issue?
     
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