Neighbours gutters overhang into my garden - is this allowed

[Gardengirl]

Hi. I'm new! Please can anyone answer my questions?

My neighbour has built an orangerie along the boundary wall between our patio's taking the dividing fences down. They have installed side windows that look into my garden and the guttering is overhanging into my space. They say they didn't need planning permission because it's an orangerie. I had to negotiate hard with the builder to have the size of the side windows reduced and then frosted, they are barely frosted though. And now the overhang..... all their guttering is on my side.

Are they allowed to do this or do I have any rights? I don't know who to ask because of the lack of planning permission. I was never shown the plans and have only been told briefly what they were doing. Because we are good friends I assumed there wouldn't be any problems but now I feel they've taken advantage.

Any advice would be hugely appreciated.
Thanks.

 

[gregers]

iirc from reading on here then no,but someone with more knowledge will give you better information.

 

[big-all]

nothing should encroach onto your land this includes the guttering or the water off the roof

 

[big-all]

we should give em time to breath ehh gregers

 

[Gardengirl]

and now that I think about it their new windowsills also stick out a fair way into my garden.....

Is there anything I can say legally to them to change it? Their builder isn't a nice man to me, nice as pie to them.

Is there any kind of alternative guttering I could suggest to them?

much appreciate your answers.... I'm struggling with all this!! I don't want to lose my friend but I think this will impact massively when I come to sell my house.

Thanks again.

 

[big-all]

sorry manners

heeelllooo and welcome garden girl

 

[Gardengirl]

Hi!

 

[HERTS P&D]

Who did the fence belong too?

If it was yours tell them an estate agent has told you to refit the fence in the original place and ask them to move the orangerie back 300mm.

Andy

 

[Gardengirl]

It was a joint owned fence attached to the edge of their house.

The orangerie is already built and they're starting on the inside plastering next week so I can't see them taking it down!

Are there any options I could give them for changing the guttering and sills or any legal speak I can quote? I've read about airspace and easement but have no idea what these are!

I've already had a run in with the builder over the side windows and him constantly blocking my drive so he's not going to be agreeable to anything I say. I need to be in a position where I'm lawfully right and look like I know what I'm talking about!

 

[^woody^]

It's a straight-forward boundary issue.

If you are certain of your boundary line, then if anything crosses it, it is a trespass. You can either allow it, licence it (charge a fee) or insist it's removed.

If you want to protect your interests, then at least make them aware of it, and that way, they can't claim any rights by prescription (ie rights it it being there for a period of time)

You should not be talking to the builder as he may have nothing to do with it. It is the homeowner you should be talking to - and they may not even be aware.

As for planning permission, the fact that it is an orangery is irrelevant. It is the dimensions which matter and determine if it requires permission or not

 

[Gardengirl]

Hi Woody

Thanks for your reply.

I'm certain of my boundary line having had a few extensions on my house. I've got the deeds and the original plans of the estate.

I don't think the neighs are aware of encroachment etc, they've never done any building work before and they seem to be getting swept along by the builder and his suggestions.

If I make them aware of it would I have to do that in writing? I was hoping to be able to suggest a different guttering system, one that sits on the glass roof rather than juts out over the wall. But as that would be extra expense I doubt they'd go for it.

Hmmmmm..... none of this is sounding very good for neighbourly relations Maybe I ought to just shut up and put up???

I'll be selling my house in the next 5 years, wondering if this will impact on the sale........

 

[^woody^]

If you are friendly with the neighbours, then just talk to them and not do anything formal with writing at this stage. That iwll just inflame things

Just invite them to have a look at it from your side. If you could think of something you may like to do in the future, which their work will affect (say an extension or a fence or something, then tell them that the cill and gutter will affect your plans, and in any case is crossing the boundary.

Its difficult to comment on any alternative without seeing what is there. If they have used a proprietary roof system then options may be limited. But that's not your place to do so. There are always alternatives, but it will probably cost them.

Put the onus back on the builder when you talk with the neighbours .... "Professional builders should know not to build across the boundary, its such a basic thing. And I've read that they cause lots of neighbour disputes by not building properly" or something like that

 

[nickjb]

It's a straight-forward boundary issue.

oxymoron alert

There are inboard gutter systems but it probably have to be designed in well before the stage they at now.

Hard to say without more details but there is a reasonable chance they need planning permission and a party wall agreement. If there is neither in place then you have a good legal position but it will be complicated and possibly expensive for them so could impact on neighbourly relations, which could then impact on your sale. Tough position to be in, sorry.

Maybe just grow some plants up it and forget about it

 

[Gardengirl]

Thanks for your replies, I really appreciate them all.

Hmmmmmmm.... this is gonna be so difficult. If I talk to them they won't do anything but if I go legal it'll be a nightmare.

There doesn't seem to be any easy solution, especially as the extension is already up and almost finished.

Unfortunately I can't grow anything up there because it's against my patio.... plus I don't think they'd let me nail a trellis into their new wall!



The thing that really worries me is the impact on the future sale of my house. I've read about easement and but no idea what it means!

 

[^woody^]

I've read about easement and but no idea what it means!

An easement is the right to do something over a neighbours land

Gutters overhanging the boundary may be allowed via an easement, or the easement my be acquired by prescription if they have over-hung for a specific number of years