another slightly different fence issue

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Joined: Fri Jul 26, 2013 8:46 am

another slightly different fence issue

Post by georgyporgy » Tue Aug 13, 2013 9:11 am

some history...
The plot (including a bungalow) that our house is built on, was originally bought by next door from the estate of a deceased lady.
He sold the plot to a building company who knocked down the bungalow and built our house.
Again, presumably, he asked the building company to build him a lean-to against his house once our house was completed.
This lean to was built and the fence (which is his responsibility) was incorporated as the side wall of the lean-to.
The plastic roof of the lean-to finishes about an inch over our side of the fence. The building company have then put the gutting and down-pipe on our side.
The down pipe goes into the ground within 6 feet of the down pipe to our garage roof down pipe and may well drain into it. This has not yet been ascertained (but I can, if need be, try and dig down to find out which way it goes).
The whole of this has been hidden behind a fence that restricts access down that side of the house from the front - there is barely 12-18 inches of space available anyway - and to neaten up that area.
From the rear it is equally restricted in width (possibly more so). Width is less than 12 inches.
He cannot therefore gain access on a regular basis to clean and maintain the guttering. I am also concerned he may acquire permitted rights if it not sorted soon.
He is very protective of his rights and privacy having Laurel hedges over 10ft high right on the border
The fence does not go in a straight line which may complicate the issue.
What rights do I have (if any) to make him put everything on his side bearing in mind maintenance permitted rights etc?

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Re: another slightly different fence issue

Post by despair » Tue Aug 13, 2013 9:48 am

Neither the roof or the guttering had any right to cross the boundary line
Problem is exactly how long has it been like this because you may have a situation of estoppel or worse prescriptive rights

It would be best to find out if its even possible to alter the situation before you even think of tackling the bungalow owner

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Re: another slightly different fence issue

Post by Conveyancer » Tue Aug 13, 2013 10:18 am

Unfortunately, the time to have sorted all this out was before you bought. In situations such as yours it is difficult to change the status quo and even if you manage to do so the expense will be disproportionate to any benefit you gain.
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Re: another slightly different fence issue

Post by hzatph » Tue Aug 13, 2013 11:06 pm

The law may not help as it is not an effective instrument for this purpose. Talk to him and reach agreement and steer clear of legal remedies.

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Re: another slightly different fence issue

Post by georgyporgy » Wed Aug 14, 2013 3:34 pm

thank you so much for the replies .... this is not a neighbour that can be spoken to ...... legal remedy is not the way to go forward .... I will ascertain the direction of the waste water and will then have a much clearer way forward (or not!).

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