Happy go lucky

*no right of easement

One other point, my property deeds state that I have now right of easement. Can it be assumed therefore the Neighbours would say the same please?

Thank you for your advice saveasteading. I am no architect, but logically it makes sense the Neighbours rainwater should be disposed of in their own property in line with their approved extension plans which read (excluding dimensions/material references); Rainwater - provide gutters into rain water pipes as shown, into below ground drains terminating to soak aways 5m from any building, one to front and other to rear garden. From what the Neighbour has said they did not install either of instructed soak aways at the time. I am not confident or comfortable that an 80+ year old woman would have knowingly accepted responsibility for ALL of her Neighbours rainwater to come into her/now my property in the absence of any soak away at the time of build over 20 years ago. Duration should not be a consideration. Yes, the gutters are continuous. During heavy rainfall it pours down the side of my building. I am fighting damp in my child’s bedroom located there - everything is kept away from the wall and I am continuously wiping condensation from the windows. We have just had a new soak away installed in our back garden in line with the measurements of our to be extended property. It is only after this Buildings Control have said we need to cap guttering from next door. Upon approaching the Neighbour about this, they threatened legal action if we do and said our soak away should take their water. Furthermore I can’t afford to now knowingly cause an obstruction. Really appreciate your support! Just trying to make a better life for my family, and this Bully is making home life very stressful just in time for Christmas 😥

Thank you for your help Mr Punter. The Neighbour had a side and back extension c. 2001 (before I moved in) which tripled the footprint of the house. The approved plans on the Council website explicitly state rain water was to be removed by two drainpipes into drains ultimately terminating at two soak aways - one to the front and one in the back garden of said Neighbours own property. How would building regs have signed off on the Neighbour not implementing either? Apparently the only reason the Neighbour later put a soak away in the front is because they had a large driveway installed. But noting this is not the allocated 5m from my property, plus the excess rainwater overflows in my gutters, I believe this has caused damp in my property. The builder even commented on the black soil whilst excavating for the foundations. This was unchallenged as no-one was aware; firstly by the Elderly lady who previously lived there (not the first time the Neighbour took advantage of her sadly), and I have only discovered this as I am having my own extension and therefore am installing my own new soak away. Surely any reasonable person would not expect their Neighbour to pay additional costs/take up more room to extend a new soak away to accommodate their rainwater too?! I could understand if the “easement” facilitated access to a main drain on my property, but surely it’s not my responsibility to dispose of another Property’s rainwater just by virtue of them not adhering to Buildings regs over 20 years ago?

Hello, Currently having an extension, and Buildings Control said they will not sign off works unless the guttering is capped from the adjoining Neighbour. Politely explained to said Neighbour, who immediately threatened legal action if the guttering is touched. They said I have to take their rainwater by virtue of easement, and since the arrangement has been in place unchallenged for >20 years it has to remain. Checked Neighbours original extension application, and plans show they should have two downpipes into drains which ultimately terminate into two soak aways on their own property. Neighbour has advised they only have one soak away at the front of property (less than the stated 5m from my property), and therefore my new soak away has to take their water too. Are they right? Surely each homeowner is responsible for the disposal of their own rainwater? Might explain why I have such a severe damp issue.