Guttering overpassing our boundary line

[gutterman]

Hi,

 

I am having a bad time with my neighbour extension, we agreed that I was absolutely fine if they wanted to build until our boundary garden wall, but under any circumstance to overpass it. When they were installing the roof it was visible that the gutter will not fit in their boundary, I warned 3 times that he was over the limit, however he did not listen and now I have their guttering around 1-2 inches overpassing my boundary. 

 

What are my rights in this situation? Can I build something on my side and force him to remove anything overpassing my property?

 

Thanks in advance.

[markc]

You can stick to your guns and force some changes to made, or a gutter oversailing isn’t the biggest problem in the world and you could point out it’s not right, but you can live with it.

[joe90]

My brother had exactly the same problem which became worse when the gutter overflowed onto his patio in heavy rain!!,! They did replace it with deeper guttering but still cheeky.

[nod]

Don’t take this the wrong way 

But a gutter encroaching two inches on you property is your main source of worry 

Your in a pretty good place 

In reality there’s very little that you can do about this 

I wouldn’t give this space in your head 

[Ferdinand]

If it's built, then grin and bear it. No one will do anything as they will call it de minimus. This was one to catch when you saw the plan, or when the foundations were put right on the boundary.

 

Too late and not worth the aggro, unless you have a written agreement that says something else.

 

You could say to your neighbour - "I think you got this one wrong, but I am not going to get into a big dispute about it."

 

If you caught it before it was built you could have made them put the gutter on top of the wall, with appropriate flashing. I did that once to a neighbour in 2005-6, and their house since changed ownership, and no problems since.

 

The one thing I would check is outlets. Where the runoff goes - it does go to their property? If it goes to yours they could end up with a prescriptive right to do it forever.

 

And also if there are any fan outlets or gas boiler outlets coming onto your property? You need to be aware and make sure you do not block said outlets.

 

F

 

[Temp]

Read this.. 

 

https://www.lyonsdavidson.co.uk/can-homeowners-overhanging-eaves-gutters/

 

If its not causing you a problem let it be.

 

However I would check if there is a way to prevent them acquiring ownership of the land under the overhang in 20 years time. Perhaps by filling a form or writing to the land registry?

 

Edited November 20, 2022 by Temp

[gutterman]

11 hours ago, nod said:

Don’t take this the wrong way 

But a gutter encroaching two inches on you property is your main source of worry 

Your in a pretty good place 

In reality there’s very little that you can do about this 

I wouldn’t give this space in your head 

Well, If they say in the planning that they are going to build everything on their boundary and all of the sudden (after 3 warnings) they do it, it's really annoying. However, they don't want to have a dispute or a mediator from the council and he agreed to replace it with a smaller one... 

Edited November 20, 2022 by gutterman

[gutterman]

2 hours ago, Temp said:

Read this.. 

 

https://www.lyonsdavidson.co.uk/can-homeowners-overhanging-eaves-gutters/

 

If its not causing you a problem let it be.

 

However I would check if there is a way to prevent them acquiring ownership of the land under the overhang in 20 years time. Perhaps by filling a form or writing to the land registry?

 

 

Thanks for your answer, I will take a look.

 

 

8 hours ago, Ferdinand said:

If it's built, then grin and bear it. No one will do anything as they will call it de minimus. This was one to catch when you saw the plan, or when the foundations were put right on the boundary.

 

Too late and not worth the aggro, unless you have a written agreement that says something else.

 

You could say to your neighbour - "I think you got this one wrong, but I am not going to get into a big dispute about it."

 

If you caught it before it was built you could have made them put the gutter on top of the wall, with appropriate flashing. I did that once to a neighbour in 2005-6, and their house since changed ownership, and no problems since.

 

The one thing I would check is outlets. Where the runoff goes - it does go to their property? If it goes to yours they could end up with a prescriptive right to do it forever.

 

And also if there are any fan outlets or gas boiler outlets coming onto your property? You need to be aware and make sure you do not block said outlets.

 

F

 

 

Thanks Ferdinand,

 

They presented me a plan with no encroachment and explicit saying that under any circumstance they will pass the boundary. He is going to change it, so it should be fine. No outlets, so that's good. 

 

22 hours ago, joe90 said:

My brother had exactly the same problem which became worse when the gutter overflowed onto his patio in heavy rain!!,! They did replace it with deeper guttering but still cheeky.

 

Yeah, is not a problem of space is taking for granted that you can do whatever you want. Really cheeky attitude. 

 

22 hours ago, markc said:

You can stick to your guns and force some changes to made, or a gutter oversailing isn’t the biggest problem in the world and you could point out it’s not right, but you can live with it.

 

Yes, is not the best problem of the world, however when someone agrees that this is not going to happen then... (problems arise).

 

In summary, after presenting their planning an their emails they are going to fix it. Happy ending I guess.

 

Thanks everyone for your responses!