Rainwater Easement

[Happy go lucky]

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.

[Mr Punter]

I have never heard of BC getting involved in these matters.  I think your neighbour has the right to discharge their gutter into the downpipe as they have acquired an easement through unchallenged use.

 

I don't know how this would lead to you having a damp issue.

[Happy go lucky]

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?

[saveasteading]

Drainage drawings are often inaccurate. The previous owners have allowed this soakaway, or else it is even older and was just not recorded.

You are probably stuck with it.

The bco has to ensure that your rain goes away safely. They can't insist on closing the neighbours connection, but you need another solution.

 

More details would help, but I suggest you take your drainage (new, and also existing if you can) as far away as you can.  Or to a pond. Have you scope for this?

Barrels on dowpnipes slow the flow to the soakways.

 

In time the soakaways will probably bung up with leaves and muck. I doubt if the neighbour is allowed on your plot to rebuild it.

[saveasteading]

What do you mean by their excess flowing in your gutters? 

Is the gutter continuous along both properties? If that is the problem then you can subtly fit a barrier in the gutter, to keep yours and theirs apart. It doesn't need to be a tight fit, just a barrier to most flow....a brick or stone just hidden below the edge.  But this could cause other issues so think it through before, and  inspect when raining heavily.

[Happy go lucky]

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 😥

 

[Happy go lucky]

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?

[Happy go lucky]

*no right of easement 

[Alan Ambrose]

>>> 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?

 

You don't say over what? Probably not safe to assume unless the buildings are similar and built and sold at the same time.

 

>>> 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.

 

So ask them to produce the easement as proof together with the original plans.

 

It would also be useful to ask the BCO why they think the neighbour's gutters should be capped. Get the answer in writing (an email will do). Ask the BCO nicely 'as you're getting some pushback, if they wouldn't mind informing the neighbour in writing of their decision'.

 

>>> The builder even commented on the black soil whilst excavating for the foundations.

 

Your builder? Ask them to send you an email with their opinion too.

 

There are two basic directions - either design to take your neighbour's rainwater (probably not a big deal) and forget about it. Or, call the bully neighbour out: write them a letter saying that you have proof their drainage wasn't built to spec. and is causing a nuisance. And you will be fitting your caps as instructed by the BCO. They should take the matter up with the BCO if they disagree.

 

Alan

 

[Mr Punter]

1 hour ago, Alan Ambrose said:

So ask them to produce the easement as proof together with the original plans.

 

The easement need not be recorded and mostly prescriptive easements are not.

[saveasteading]

On 24/12/2022 at 12:03, Happy go lucky said:

Yes, the gutters are continuous. During heavy rainfall it pours down the side of my building

Guessing of course. To pour off your gutter it sounds as if the gutter is lowest at that point and that the downpipes are blocked.....possibly totally blocked on the neighbours end.

That is obviously a common problem where one neighbour is diligent and the other not.

Do check that yours is not blocked.

 

The AA advice is good. You will be escalating the issue but you do need to.

The bco is not an enforcer for the neighbour but their word has some authority. If the soakaway was built too close to your property then they may be able to help your argument...but you don't want to be paying to correct it.

 

My brick in the gutter partial solution might cause the overflow to move to the neighbours side....but solving for you may create aggro....your decision...and good luck.