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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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Can my neighbour legally rest guttering pipe on my fence so

Customer Question

Can my neighbour legally rest guttering pipe on my fence so when it rain's it gushes the water onto it hence weakening it and eventually will rot it ?

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Is this a long standing issue or something done recently?
Expert:  Alice H replied 2 years ago.
Can I assist further?
Customer: replied 2 years ago.

It has just happened within the last 24 hours

Expert:  Alice H replied 2 years ago.
This is likely to amount to private nuisance. Your neighbour cannot do anything which will result in loss or damage to your property. He will be liable to compensate you for causing any such damage. I suggest you immediately write a letter to your neighbour expressing your concern about this particular problem - no need to get legalistic or threaten legal action at this stage, but simply and politely ask him to redirect the pipe. If he does not do so within 7 days you can then they say you will take legal action and sue for damage to your fence. That should do the trick but if not you may have to commence legal action which would be a shame because of the time and cost involved. I recommend that you take photographs and keep copies of all your correspondence.