Encroaching Gutter

Encroaching Gutter

Postby Frustrated01 » Sun Oct 25, 2015 10:22 pm

Hopefully someone can help me with this query.

I bought a house which had a single extension built in 2009. The extension goes to the boundary of my neighbour. The extension has a gutter running along the length of it and it does encroach on my neighbours land. My neighbour has started building his extension and we have a party wall surveyor. The neighbour plans to move the encroaching gutter and implement a new gutter solution. The neighbour is asking me to pay for the new gutter solution.

I understand the neighbour has the right the remove the encroaching gutter and put in a new solution which does not adversely impact me. However I am unclear who pays?
Last edited by Frustrated01 on Sun Oct 25, 2015 11:15 pm, edited 1 time in total.
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Re: Encroaching Gutter

Postby span » Sun Oct 25, 2015 11:13 pm

How much value do you put on good relations with your neighbours?
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Re: Encroaching Gutter

Postby ukmicky » Mon Oct 26, 2015 1:36 am

Under the party wall act your neighbour pays as the work is benefiting him not you. . However for the party wall act to be used to compel your neighbour to make good and pay the law assumes your guttering has a legal right to be there .

If it is not there with permission or you cant prove its there with permission it complicates things for you to the degree it would probably be better to come to a gentleman's agreement.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Encroaching Gutter

Postby MacadamB53 » Mon Oct 26, 2015 8:59 am

ukmicky wrote:If it is not there with permission or you can't prove its there with permission it complicates things for you to the degree it would probably be better to come to a gentleman's agreement.
hear, hear
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Re: Encroaching Gutter

Postby Collaborate » Mon Oct 26, 2015 10:09 am

Your neighbour can remove your guttering. You are then legally responsible for ensuring that your roof does not drain on to your neighbour's property. How you do that is no concern of your neighbour.

Similarly, your neighbour cannot drain his roof on to your land.

It sounds to me as if the new guttering will be on your neighbour's side of the boundary. If it is the case that your neighbour is agreeing to your roof draining in to the new gutter, on his land, provided you bear the cost of the installation, I'd accept this, but want a proper easement drawing up.
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Re: Encroaching Gutter

Postby jonahinoz » Tue Oct 27, 2015 9:18 pm

Hi,

If your neighbour gave permission for the gutter, then he is permitted to withdraw that permission. If your neighbour did not give permission, and you did not pay for the right, I would assume that the gutter has not been there long enough to gain a prescriptive easement.

Er ... is YOUR external wall going to become your neighbour's internal wall? Could be interesting if you are not friends. Maybe you could control the choice of wall paper. :D

OT ... I assume that I have an easement to have my gutter over my neighbours garden .... and they have an easement to drain their roof through my gutter.

John W
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