Neighbour Putting Shed Against existing Shed causing Flood

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Post Reply
Elewolfe
Posts: 3
Joined: Wed Jul 25, 2018 9:27 am

Neighbour Putting Shed Against existing Shed causing Flood

Post by Elewolfe » Sat Jul 28, 2018 3:26 pm

Hi,

Things have escalated with my mum’s neighbours, joy of oh joys :? When they moved in two years ago it was at the time of a storm which bought some of the fencing down. During this time they were getting a so-called bike storage shed and asked if this panel could be left off so it would fit up against mum;s brick shed, as their gate would overlap it otherwise. Mum agreed. Unfortunately they purchased a plastic pent shed, and when the rain came down it soaked one side of her shed wall. We then had to put the fence panel back up to try and stop it, but to no avail. Although we have used masonary paint to try and weather shield it, the water is going underneath as it pools between the two structures. They refuse to move the shed over to the other side of their garden, they don’t have a foundation where they have put it, just paving slabs, so it could be moved.

My questions are 1. Is there a law stipulating about a shed being allowed to be erected against an existing structure (and against a fence you own?)?
2. Previously owners of this property had their sheds on their left, as I believe it is to the left you are responsible for the fencing? There always seemed to be a rule with this with the council, but I’m not sure if this is simply curtesy rather than a rule as such?

Any advise given would be greatly appreciated. We have all agreed to go to mediation to try and resolve this. They did suggest us putting a shorter fence there and they would put up drainage, but this would mean the guttering would be going over their boundary and onto mum"s as their gate prevents them from bringing it forward, which mum isn’t keen on.

Thanks in advance.

despair
Posts: 16381
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbour Putting Shed Against existing Shed causing Flood

Post by despair » Sat Jul 28, 2018 4:10 pm

If anything they are doing or have constructed is causing any form of nuiscance or damage yo your mums property then they are liable

They clearly think they can do as they like and walk roughshod over your mum

Sheds need guttering ...that needs either a water butt or soakaway or connection to surface water drains

If water run off is damaging your Mums shed they are liable
Their ideas are half baked , selfish and unrealistic

IdefixUK
Posts: 588
Joined: Mon Jan 01, 2018 12:07 pm
Number of topics per page: 25

Re: Neighbour Putting Shed Against existing Shed causing Flood

Post by IdefixUK » Sun Jul 29, 2018 5:58 pm

Firstly if the shed still on any part of your mother's land you need to withdraw the permission which allowed it to be there. Secondly get the fence rebuilt in the same position as it was originally .
Tell your neighbours that they are responsible for the damage they are causing by the rain water pouring onto the brick shed of your mother, and that they need to do something about it quickly.
Don't even think about mediation. ( why have you mentioned this?)
If they have bought a shed which doesn't fit in their garden that's their problem not yours. Just an idea...Can they build a narrower gate and move their shed away from the boundary?
You cannot tell them where to place the shed in their garden, except that it shouldn't create a nuisance or cause damage to your mum's property, or to any other neighbour.
If the neighbour is renting get in touch with the landlord direct.
Regards

Elewolfe
Posts: 3
Joined: Wed Jul 25, 2018 9:27 am

Re: Neighbour Putting Shed Against existing Shed causing Flood

Post by Elewolfe » Sun Jul 29, 2018 11:14 pm

Thank you both for your replies. The local council have set this up, I reported it to them and they suggested the mediation. I had already spoken to her neighbours several times and they refuse to budge. They think its reasonable to have the guttering going over their boundary and onto mum’s side. When you think in heavy rain the water is still going to do what it is now I don;t understand their logic, it would only work in my opinion if there was more space between them. I’m not sure about their gate, if they had it going out rather then in this might help :?

I did not think about liability. I looked it up and apparently because they are aware that it is causing damage and they have not tried to sort out the issue, this now makes them negligent, so i shall be point that out to them!

The mediation is actually tomorrow, so will post how it goes. I will be pleasantly surprised if it makes any difference. Thanks again.

IdefixUK
Posts: 588
Joined: Mon Jan 01, 2018 12:07 pm
Number of topics per page: 25

Re: Neighbour Putting Shed Against existing Shed causing Flood

Post by IdefixUK » Mon Jul 30, 2018 7:38 am

I don't understand how the council are involved unless the council own the properties and you are both renting.
If your mum owns her land then if she agrees to have guttering and/or the water drained away over her land she MUST give her permission to the current occupiers of the neighbour's house to do this.this should be done it WRITING stating that the permission can be withdrawn at any time she sees fit. (Get neighbour to sign a copy) If not then the neighbour's land, over time will possibly gain an easement to continue to do this for ever ( if the evidence of permissive use is lost or forgotten). It would be best to do this if your mum is renting from the council as well, in case either of the houses are sold at a later date.
Having the gate swing the other way and shifting the shed is probably the best option.
Regards

Elewolfe
Posts: 3
Joined: Wed Jul 25, 2018 9:27 am

Re: Neighbour Putting Shed Against existing Shed causing Flood

Post by Elewolfe » Tue Jul 31, 2018 6:56 pm

They are both owned properties, the council got involved because it was a neighbour dispute, which I reported. They basically did nothing but go and look, then pass us on to the mediation. Two hours of said neighbours spouting rubbish and the only option was of removing the fence panel so they can fit guttering, which we already knew about. I said to my mum we could try this just to see, but today she is adamant that she is not giving an inch so we are back to square one. But you never know, she may calm down, they were really quite passive aggressive, scoffing and snorting at everything I said, which did not help :roll:

That is a really good point, i will definitely tell her this needs to be done should she decide to take this route. Otherwise she will be going to a solicitor :shock:

despair
Posts: 16381
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbour Putting Shed Against existing Shed causing Flood

Post by despair » Tue Jul 31, 2018 7:27 pm

Thats crazy ....the neighbours are in the wrong but your mum is supposed to take down her fence so they can install guttering and they are the aggressive parties at mediation

I dont blame your Mum for being angry

Post Reply