Overhanging eaves removed for loft conversion. Has my neighbour lost the right to reinstate?

[Runningmum]

My neighbour has demolished his roof including overhanging eaves and guttering to allow for loft extension build. He intends to replace them with similar even though we have requested that he builds a parapet roof with hidden gutter to avoid any overhang. The demolished eaves and gutter had been up for more than 20 years. Does he have the right to reinstate them over our land or has he lost the right now they have been temporarily removed?
When the eaves and gutters were up, they took a lot of light from our flank windows as they used to slightly overlap our own gutters so we have a strong interest in what happens next. He seems reluctant to go down the parapet wall route.

Any advice would be much appreciated.

 

[denso13]

Does he have the right to reinstate them over our land or has he lost the right now they have been temporarily removed?

If they overhang your land then he never had any right to do it, unless something was agreed. Tell him the eaves can't overhang your land if you wish.

 

[Alec_t]

Check your house deeds. I used to have a house whose deeds specified that gutter overhanging neighbouring property was allowed.

 

[oldbutnotdead]

Check your deeds first- make sure there isn't a flying freehold or easement registered for the overhanging structure. If there isn't then tell him in writing that you do not and will not permit any construction over the boundary. The old structure has been permanently removed along with any informal flying freehold.

 

[Runningmum]

I think it unlikely to be mentioned in the deeds as the house was originally built with a cat slide roof over a garage. The roof with overhanging eaves and guttering was constructed to cover a first floor extension. Now that the whole roof has been demolished, an original chimney stack that was hidden within the roof during the building works over 20 years ago and not demolished by the builder, has been revealed much to the surprise of the new owners!

I will though look at my deeds for anything mentioned.

 

[datarebal]

What does his bc approved drawings show

 

[Runningmum]

Nothing mentioned in the deeds. They put the oversailing eaves and gutter in their planning application but the decision notice also states that planning permission doesn’t override property rights. Can’t see any drawings from over 20 years ago in the original planning application but by all accounts, the owner at the time, did the extension when the old lady owner was abroad and near the end of life.

 

[datarebal]

It's his house .

 

[denso13]

Nothing mentioned in the deeds.

Tell him, in writing, you won't allow any overhanging across your land/property.

 

[datarebal]

Allow ! Lol

 

[denso13]

Allow ! Lol

You could change it to "tell him to get lost" or similar, same thing.