gutter overhang into neighbours airspace

[^woody^]

You can't put a gutter on top of a roof, without it being some mickey mouse job, which will most likely put future buyers off.

If it needs adapting, then you have to fit a box gutter which remains on your side of the boundary, and the roof reduced to discharge into the gutter. It's a lot of messing about.

Or you remove the windows at the side, brick it up (or just block up on the inside), and then adapt the roof. This will be a much better option as it removes future problems with the neighbour.

This is the price attached to moving to your "dream home", and you have to pay it.

 

[ColJack]

get your lawyer to draft a letter saying that during the sale process you have been allerted to the discrepancy about the current boundaries and that you will be re-instating them to their legal place, this however will necesitate them moving their shed...

 

[myshell]

we're meant to moving on tuesday. they won't agree to that as i have no proof

 

[ColJack]

of course you have proof, the boundaries are set in stone on the plans and deeds..

 

[seco services]

your abit up the sh*t creek without a paddle.

it cost my neighbour £15000 for the same issue 4 yrs ago. bit more involved than yours but that was a gutter 6" overhang.

 

[myshell]

the title deed is inconclusive & his solicitor will not agree

 

[mattylad]

Remove the gutter.

You will cause rainwater to cascade down onto the neighbours property.

You can then suggest a fix for this by reinstating the gutter.

 

[Richard C]

Oh my lord; this is moving into the sort of territory that is all too familiar; can't look tonight but will be back tomorrow.

 

[Shytalkz]

Exactly Richard. Pathetic, petty-minded Britsh squabbles over nothing, where no one benefits. Except some scrawny little turd of a lawyer or several.

Not aimed at OP by the way: he just has the misfortune to be caught up in it.

 

[myshell]

The trouble is the buyer wants the gutter moving not removingK

 

[mattylad]

The OP should just accept the little loss that will come next, asking for a reduction because of this & move house.
Just dont do it again

 

[Richard C]

The OP should just accept the little loss that will come next, asking for a reduction because of this & move house.
Just dont do it again

Probably the best advice if that will swing it; & definitely don’t get involved with anything similar again.

I’ve personally been involved in a petty boundary squabble over strip of land 3 inches wide & I’ve got a ½ acre! It can get both ridiculously silly & expensive & at one stage it seriously looked like we were going to have 3 fences down the boundary line ; luckily common sense prevailed but I would only ever play it by the book in future.

 

[Shytalkz]

Spanish have the right idea over boundary disputes: chuck a stone down and where it lands is the boundary. End of.

 

[ColJack]

all this because the neighbour doesn't want someone else to come on their land to clean the gutters?

from what I've read, you have a legal right of access for maintainence to your property, as he would have if that fence was 3 feet further over against the side of his house, and the gap between then houses was part of your plot.

 

[Richard C]

from what I've read, you have a legal right of access for maintainence to your property, as he would have if that fence was 3 feet further over against the side of his house, and the gap between then houses was part of your plot.

Unfortunately I don’t believe he does without Deed of Easement which he won't sign; the only course of action then seems to be to apply to the courts using the “Access to neighbouring lands act” to grant an access order;
http://www.opsi.gov.uk/Acts/acts1992/ukpga_19920023_en_1

I haven’t read it through as it looks more painful than Building Regs. so don’t know if it would give a “one off” or a perpetual right of access. But I would think such a route would frighten the life out of any potential buyer anyway.

I found this in a similar topic on the Garden Law forum which might be of use;
http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?p=94626&sid=da5e3d34a9250d09e508691443c08270