Neighbours gutters overhang into my garden - is this allowed

[gregers]

you could always plant some laylandii next to it

 

[^woody^]

There doesn't seem to be any easy solution, especially as the extension is already up and almost finished.

You need to determine if this is an issue or not

If you consider how this may affect a future sale, and how it may get picked up in a survey to scupper a sale at the last minute, then it puts a price on your desire to be nice and failure to take any action now

The builder will be long gone, the neighbours will be blissfully unaware, and you are left with potential costs. All because you did nothing now

Alternatively it may be nothing.

Whatever, if it needs dealing with now is the time

 

[gregers]

how about taking some pics and posting them up so the likes of woody and others can give advice from an outsiders P.O.V.

 

[Gardengirl]

Not entirely sure how to post pics on here.....

Have spoken to my neighbs and they are going to speak to their builder but I'm not too hopeful.

Have also spoken to other people in the road who have the same extension but stepped it in from the boundary by a couple of bricks. Their reasons were because you're not allowed gutters, sills and opening windows to overhang your neighbours property..... hmmmm!!!!

 

[Gardengirl]

A quick update:

All of the workmen there have said they aren't happy with the overhangs and think it's wrong but they're just doing what they're told.

I've spoken to the planning dept at the council and asked for advice and they say it's a civil issue and will phone me later with advice.



This is not good.

 

[joe-90]

It is good. It is your space that is being impinged upon and you aren't having any of it. The sooner your neighbour gets that into his head and does something about it the better. You aren't the one being unsociable so make it clear that you won't allow it. If he falls out with you then tough - he should have been a good neighbour.

Have a look through this forum dedicated to such issues.

http://www.gardenlaw.co.uk/phpBB2/index.php

 

[jeds]

Gardengirl, what are you waiting for now? The neighbour has no right to allow their gutter and eaves to overhang your garden. You have two choices; you either accept it and let them finish, or you do something about it. If you intend doing something about it then get on and do it. Delaying gets you nowhere. My advice is seek an injunction to have work stopped until a solution can be agreed. It should only take a day or two to get an injunction and once you have one you will be in control - no more being fobbed off. If you wait and work is completed it will take ten times the effort to get something done and in reality you never will. Your choice.

 

[Gardengirl]

The problem with an injunction or taking civil action is I have no money for it.

Planning say the council won't help unless the build is oversized.

If I can't get help from the council all I can do now is demand the fence is reinstalled correctly and then put trellises up against the wall and grow as much as I can in front of it....but they probably won't let me drill into their walls.....!!!

I'm going to ring RICS tomorrow just to see what they say in case they say different to the council.

I really appreciate that people on here have taken the time to reply to this and to give me their advice. Thank you.

 

[markthomas63]

the build must not be over 20 sqare meters or 2.6 meters high if it si they need plan pemision also nothing shold encroach your property .the law will say legaly you can cut it off and throw it back in their garden . harsh i know but when it comes to sell your property it will matter