Neighbours guttering inside our garage

[Lsk123alarm]

I read that it's illegal to channel roof water through a downpipe onto neighbours property which is what she has done at the back.

 

[wessex101]

The fact that you did not give permission for the guttering is irrelevant, the fact that you did not object for 11 years suggests implied consent but that is a legal aspect outside of my expertise.

It is not the party wall surveyor's job to specify how the works are done, that is the architect/designers job. The party wall surveyor should be an independent "adjudicator" who determines if the proposed works are acceptable to both parties and comply with the relevant legislation. Although they may have made a suggestion to try and reach an amicable solution if the designer failed to do so but I do not think they can be held liable for the current situation unless they agreed to take on a design role.

The works that were proposed have now been found to be impractical due to the age and condition of the existing corrugated plastic roof sheets so you or your designer need to come up with an alternative solution.

Technically it looks like the guttering is trespassing but as the work has progressed without getting this resolved the neighbour is probably stalling knowing that the cost to you to fight this and the ongoing inconvenience probably means it will be quicker and cheaper if you just pay to replace their roof and re-route the rainwater drainage. Of course you could play hard ball and get all legal but be prepared for it to take months to resolve and end up with a hefty legal bill. Sometimes a more pragmatic approach gets results.

 

[motorbiking]

I have to agree with Wessex101, based on the limited information, you've provided (and you'd do well not to post too much on an open forum), your case to win doesn't look too clear cut. It could be, but the passage of time works against you. There are two conflicting rights:

- You own the air space above the boundary and if your neighbour builds or over hangs that there is a trespass and you have a right to remedy the trespass.
- However, where you or a previous owner has allowed the trespass, explicitly or implicitly after a period of time (10 -20 years) they acquire some right. The longer the period of time, the more rights they acquire (though since 2002 that has been limited further). Also boundaries are rarely accurate to the nearest 4", so a defence would be that the boundary is at the edge of the gutter not the wall. In which case your extension is trespassing her land and she has the right to make you remedy it.

This article explains the problem fairly well : https://www.lyonsdavidson.co.uk/can-homeowners-overhanging-eaves-gutters/

This isn't an area of law I have much knowledge of.

 

[Sam456789]

To cut a long story short. Our neighbours garage roof overhangs into our garage and their guttering is actually inside our garage! This was done about 10 years ago. It leaks inside our garage. Last year we had an extension built. We appointed a joint party wall surveyor. We were told he had worked with neighbours son in law but he assured us he had to act impartially. He told us the garage roof just needed cutting back and the guttering moved so we agreed we would pay for this? When the builders started they said they wouldn't do it as the roof as made of plastic it would just shatter. They just refused and when the lintel to hold the extension was fitted the neighbours guttering fitted inside? They said they would move it if inspector told them to but they never. We asked them a few times to move this but they wouldn't. They left December after building the extension. We got another builder impn a couple of weeks ago who confirmed neighbour would need a whole new roof. He spoke to her and her son in law. He also uncovered another problem. At the back the spout from her downpipe is in our garden. He said she has no drainage at the back and we are also taking water from two doors up! I rang party wall surveyor and explained all this and he said we now need to sort it out between us! I have sent an email to them friday offering to pay half of new garage roof for her and to pay to move her guttering and given 7 days to reply or we will take legal advice. Where do we stand legally here? We are so stressed out by whole situation

Hi, im in the exact same situation just wish to know if you ever got round to sorting this issue?