Rules on rainwater gutters overhanging neighbouring land?

[phil81uk]

We're building a garage which will have one wall along the boundary with our neighbour.

The neighbour is taking this opportunity to build a small shelter which uses the side of our garage to support a light plastic roof.

I'd like to know the rules on drainage. The roofs on both structures will take rain water to the same boundary.

The current neighbour won't ever mind us sharing a gutter but obviously future neighbours might. What exactly are the rules on such things and where are they covered (building regs, or separate legislation? Or not at all?)

 

[tony1851]

There are no specific rules as such, and certainly Planning/Building Control won't be involved.
It's down to what you agree with your neighbours, and if new people move in, they have to accept the situation as you will have acquired a right to keep the gutter there.
And remember that future neighbours might huff and puff about these thing, but they very rarely end up in court.

 

[mattylad]

Its simple.

Your neighbours land is your neighbours not yours.

You have no right to place your gutters over their land, if you do so then they are trespassing.

You have no right to allow your gutter downspout to drain onto your neighbours land, it should be directed towards your property and made such that the water does not affect your neighbours property.

You may ask your neighbours for permission to place the gutters over their land, they may grant it.
Then your neighbours may remove that permission later on if they want to use their land, they may sell their house and the new neighbours can aslo remove the permission. The new neighbours may also get upset about you using their land for your guttering and neighbourly relations go to pot.

Even if you get this permission in writing rather than verbally, it can still be taken away in the same way.

So the resolution is simple - do not build your garage so that the wall is on the boundary but back enough to encompass ALL of the garage including the gutters (footings too).

People do build their garages with guttering over their neighbours lands and everything goes along all hunky dory for years however then something changes, neighbours fall out and then the rot starts to set in and there are conflicts.

In the same way, if the wall is on your land rather than on the boundary itself then they have no right to build a shelter using your wall and you are in effect able to do the same in removing permission from them.

However, what actually happens in real life can be totally different.
You may get on OK for a multitude of years, new neighbours may not care about it and your going to be fine.

Just make sure the water drains onto your property.
Simples..

 

[tony1851]

You have no right to place your gutters over their land, if you do so then they are trespassing.

It would never be tresspass if the neighbours agreed to it.

The agreement does not have to be in writing; there does not even have to be any verbal agreement. The mere fact of allowing the gutter to overhang and not complaining within a reasonable time gives the overhanging neighbour some rights.
If the present or future neighbour took the guttering down, they could be done for criminal damage.

 

[phil81uk]

I once saw a notice issued where someone was informing their neighbour that their planned foundations were going to "project" into the neighbours land and that it was being done legally under some act. That's something that I need to look in next actually as we're trying to maximise floor area here.

An architect friend has also suggested use of a "secret gutter" but that relies on having a cavity wall which we're not sure we want yet. The secret gutter is a nice option because it also eliminates the need for overhanging roof eves, so the net space lost is only 90mm plus you gain a cavity wall no no piers in the wall.

This is one of the last technicalities I have to solve before we submit drawings to the council.

 

[tony1851]

Under the Party Wall Act, you can take the foundation of your wall across the boundary and on to the neighbour's land even without their permission.
(though you can't do this if the foundation is of reinforced concrete - though that would be unusual).
The wall itself must be wholly on your side.

 

[phil81uk]

Thanks Tony.

I'm also thinking we could use a custom gutter solution, I have a simple idea for one already which would only add 20mm. Or have the "trespassing" gutter for now and swap it out for a custom one if a future neighbour complains. That's unlikely though as the present neighbour says that she may be old but is not going just yet and that her daughter is inheriting the house anyway.

Our garden is narrow and we are trying to build the garage to fit two cars side by side, so every cm counts

 

[mattylad]

If you build your wall, put your gutters on their land and they then do object - long before the time period for you to obtain any rights - then what?

If you want to use their land then get it in writing as a perpetual agreement as the time limit for not complaining is not just a few months - its many years.

This subject has long been the cause of neighbourly disputes, falling outs and arguments.

Either do it right or dont do it at all.

 

[tony1851]

If you build your wall, put your gutters on their land and they then do object - long before the time period for you to obtain any rights - then what?

If you want to use their land then get it in writing as a perpetual agreement as the time limit for not complaining is not just a few months - its many years.

This subject has long been the cause of neighbourly disputes, falling outs and arguments.

Either do it right or dont do it at all.

It's not as simple as that.

If a person's extension goes over the boundary by a few inches, the neighbour (or the neighbour's successor if the house is sold) cannot just turn round a year or so later and demand it be removed.

Let's say the neighbour took the issue to court, and he could prove the tresspass, and could prove that the builder had not acquired specific rights by easement.

The remedy would be by way of an injunction to have the overhanging bit removed. But an injunction is a discretionary remedy and the courts are loath to order buildings, or parts of buildings, to be cut back for the sake of a few inches.

In a case like this, the neighbour would probably be awarded £1 damages plus costs, and the gutter would remain.

The complaining neighbour's solicitor would probably advise him of this outcome, so what person in their right mind would pursue such a claim?

 

[mattylad]

And you think the neighbours are going to get along fine after that?

They will do things like - attack the gutters during the night etc.

THings get nasty.
So it IS simple - dont take the p1$$ with your neighbours property - its not yours. If you want to use it then buy it.

Nip over to somewhere like gardenlaw and you will see that there are often complaints over people who have taken liberties with neighbours property.