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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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Our property is over two hundred years old and has roof

Resolved Question:

Our property is over two hundred years old and has roof levels at three heights. The rear of the property backs onto the rear of my neighbour, She moved in two years after us.
She has recently removed a section of guttering and the clips that was fixed to one of my walls claiming that we are using her air space. This means that all rain water is free to flow down the walls and is likely to damage our property as it is a stone cottage that was built on solid earth so has no concrete foundation or damp course? However, she gave her full permission for the renewal to take place, and the contractors made sure that all rain water flowed away from her property.
Is this Criminal damage?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. Even though this is essentially a civil dispute the fact that she accessed your property and damaged the drainage system without warning or evening first notifying you of a boundary dispute makes this potentially a criminal and malicious act. Is the wall concerned a party wall? Kind regards AJ

Customer: replied 1 year ago.
The side of my property butts up to the car-park as my neighbour's property is an ex-pub, and both the rear and the side is only accessible via the tarmac area. There are no doors that we need to access, but we do have three windows which she has also stopped us from cleaning, and has stopped us from entering her the tarmac area to carry out any maintenance. Otherwise the house is detached.
Customer: replied 1 year ago.
We used to have an excellent relationship until her partner also removed some of the guttering last year and in the process of the disagreement threatened myself with his fist. Their solicitor says that our guttering is in their 'air space' but it or its replacements have been in the same position for decades.
Expert:  Alex J. replied 1 year ago.

Thank you. How many years were the gutters therefor previously? Is it more than 20? Kind regards AJ

Alex J. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Oh yes definitely more than twenty. More than fifty even. We have photographic proof of the guttering being in existence going way back. The section that has been removed can't been seen on the photograph, but as side and the rear part of the house that has yet to be renovated i.e. Old exterior plaster coating removed and the replaced. The mark of the old guttering is clearly visible, as the old paint work is there to see.
Customer: replied 1 year ago.
The other point is that although the guttering has been removed. It has not been returned to us. Surely as we paid for it, that is tantamount to theft?