Neighbour crossing boundary!

[lostinthelight]

A roof artificially collects water otherwise it would hit the ground on the neighbors side

http://www.environmentlaw.org.uk/rte.asp?id=10

 

[HERTS P&D]

From what he's done he could support the joists on his side of the fence and then cut back the joists and the sheeting so that he can fit a gutter over the gap between the leaves of the fence and then drain it to his side.

That was a quick turn around, so now you agree the guttering must be on his side.

Andy

 

[CatherineT1992]

I just want the lean to draining appropriately and not flooding my garden although I also don’t feel I should have to give up an area of my boundary for him to gutter. As far as I’m concerned this should be done at his side with no encroachment, regardless of the fence ownership.

I’ve been perfectly polite and explained the situation and I don’t think it’s an unreasonable request.

 

[Diver Fred]

That was a quick turn around, so now you agree the guttering must be on his side.

Andy

Andy,

I well know my suggestion is not satisfactory but in this case could have been a compromise that worked until one or other moved or the fence fell down. Once you see the last photo it's very clear how to solve the problem. It's also clear that the fence is on his side of the boundary - look at the top of the posts where they have cut at an angle.

 

[HERTS P&D]

His lean-to, his drainage problem.

Waiting until the fence rots or someone moves is not an option in my mind.

Andy

 

[CatherineT1992]

Andy,

I well know my suggestion is not satisfactory but in this case could have been a compromise that worked until one or other moved or the fence fell down. Once you see the last photo it's very clear how to solve the problem. It's also clear that the fence is on his side of the boundary - look at the top of the posts where they have cut at an angle.

Hi WGT52 I appreciate the response.

Does it matter who owns the fence? Surely even if it is his fence the lean to and associated drainage should stop at the fence and be contained. Regardless of ownership it is clear that the lean to substantially overhangs this with no appropriate drainage so my side is flooding.

thanks

 

[Old Salt]

That fencing is the same on both sides. The OP said it was supplied by the builders, one set of posts, two sets of boards, the same on both sides of the boundary.

I would ask him again to amend the structure or move the drainage so that it falls onto his land and not yours. Give him 14 days to comply. Then get a solicitor to write him a letter stating that he needs to amend the structure to ensure drainage onto his land. Should cost about £100 quid with any luck.

The link provided by lostinthelight gives chapter and verse

• Keep your drains clear in your property and to ensure that you do not drain water into your neighbour’s property or foul drain. There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour’s land. But you are not allowed to artificially channel water a way that will cause damage your neighbour’s land. If you do, you may face a civil action. (Example: Yes - Rainwater that falls on your lawn is allowed to flow downhill through your neighbour’s land. No - You are not allowed to channel roof water through a down pipe on to your neighbour’s property.)

 

[Diver Fred]

Hi WGT52 I appreciate the response.

Does it matter who owns the fence? Surely even if it is his fence the lean to and associated drainage should stop at the fence and be contained. Regardless of ownership it is clear that the lean to substantially overhangs this with no appropriate drainage so my side is flooding.

thanks

It only matters for maintenance and replacement. Yes it is his responsibility to resolve the issue and dispose of the water to his side. But I doubt he is interested or cares about you from your comments.

So what is the solution? You could keep asking he sorts it out until he does resolve it (but he may equally so not do anything). I've provided a solution above.
You could put it in the hands of a solicitor - expensive and you may still not get the resolution. That would probably end up in court, how long have you had the problem? after you moved in? or was it there when you moved in?

Then there is the 'nasty' way. Confirm that the top of the cant rails (they are the rails that the fencing boards are fixed to) slope away from your side; then get someone or yourself to cut the corrugated sheets back so they are in line with the middle of the gap between the 2 leaves of the fence, do not cut the joists back. But that is not advice or a recommendation for you to follow. In fact I strongly say do not do that action.

 

[HERTS P&D]

then get someone or yourself to cut the corrugated sheets back so they are in line with the middle of the gap between the 2 leaves of the fence, do not cut the joists back. But that is not advice or a recommendation for you to follow. In fact I strongly say do not do that action.

I would give him 14 days and then use a cordless angle grinder and do as above.

Andy

 

[Captain Nemesis]

We have so many things we’re not allowed to do, like I’m not allowed to .. keep chickens rather comically.

But youre allowed to do it in a serious manner?

 

[JohnD]

I'm not allowed to paint my windowframes a different colour

but it doesn't say what the original colour was.

 

[Captain Nemesis]

Maybe it means you just have to paint them all the same colour as each other.

 

[JohnD]

no, it says they have to be the original colour

my neighbours have a variety in white, brown, silver and grey

 

[Captain Nemesis]

Paint them whatever colour you like, and if anybody complains tell them youre colour blind and they are comitting an offence under disability discrimination law by complaining.

 

[bernardgreen]

Cut some plastic sheet into strips that will fit between the joints and long enough to drop down behind the fence.