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- 29 Jan 2017
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Hi everyone. I have done a bit of searching on here and on Garden Law forums, but cannot find an example of my exact query.
I live in a semi detached ex local authority house.
There is a shared downpipe between the properties both front and rear, exactly in the centre of the boundary line, but on my side of the neighbours fence (which is on their side of the line).
We have recently built a rear extension, part double, part single storey.
I initially assumed a duty to maintain the downpipe in its original location.
Where the downpipe enters the drain gully at floor level, there is an additional downpipe from my neighbours conservatory which comes through their fence into the shared gully.
Prior to our extension being built, the neighbours gutters where all blocked up and full of moss/plants etc so their water wasn’t getting away.
Also, their gutter wasn’t properly connected to ours and was just laid into the end of ours, loosely.
I replaced all our guttering with new and made an improved connection to theirs.
Since then my neighbours cleaned out the blockages in their gutters but then proceeded to fit an alternative downpipe at the gable end of their house. So I needn’t have bothered trying to maintain the downpipe as I could have diverted mine to my single storey roof and away from there.
My question is...
Now that they have provided a down pipe for their top roof, am I within my rights to relocate/re-route the (no longer) shared downpipe AND gully, or do I have a responsibility for the separate discharge from their conservatory into said gully?
Or, can I assume that I never had responsibility for the additional run off from their conservatory?
Was the original pipe though the fence arrangement trespass?
Any advice, comments appreciated.
Thanks.
I live in a semi detached ex local authority house.
There is a shared downpipe between the properties both front and rear, exactly in the centre of the boundary line, but on my side of the neighbours fence (which is on their side of the line).
We have recently built a rear extension, part double, part single storey.
I initially assumed a duty to maintain the downpipe in its original location.
Where the downpipe enters the drain gully at floor level, there is an additional downpipe from my neighbours conservatory which comes through their fence into the shared gully.
Prior to our extension being built, the neighbours gutters where all blocked up and full of moss/plants etc so their water wasn’t getting away.
Also, their gutter wasn’t properly connected to ours and was just laid into the end of ours, loosely.
I replaced all our guttering with new and made an improved connection to theirs.
Since then my neighbours cleaned out the blockages in their gutters but then proceeded to fit an alternative downpipe at the gable end of their house. So I needn’t have bothered trying to maintain the downpipe as I could have diverted mine to my single storey roof and away from there.
My question is...
Now that they have provided a down pipe for their top roof, am I within my rights to relocate/re-route the (no longer) shared downpipe AND gully, or do I have a responsibility for the separate discharge from their conservatory into said gully?
Or, can I assume that I never had responsibility for the additional run off from their conservatory?
Was the original pipe though the fence arrangement trespass?
Any advice, comments appreciated.
Thanks.