1. Dear Maurice, the first thing you need to be aware of, is that you can remove any of the garage which is on your land. You can literally strip it down and take it away. Secondly, your neighbour is responsible for any show or rainwater which comes off his roof and which flows onto your land. This constitutes a nuisance in law for which your neighbour is responsible. Accordingly, it is up to your neighbour to take remedial action to prevent this occurring and if it does, you can sue him for money damages for any nuisance caused.
2. Be aware that anything overhanging the midpoint line of the boundary constitutes a trespass and can be removed. Accordingly, if there is guttering from the garage which infringes the midpoint line of your boundary, you can in strict point of law remove it. Similarly, if any part of the garage is over the boundary line, you can take if away. Whilst you can give notice to your neighbour of your intention to do so, there is no requirement to do so in law.
3. If there is some other remedy you wish to pursue, I will be happy to advise further.
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5. You are welcome.
6. Dear M. Smith, I think it would be a good idea to have a surveyor from the RICS to look at the garage. Show the surveyor the deeds and ask him his opinion on it. The surveyor can carry out a survey in accordance with the deeds and determine whether the garage is within your deeds or not. Secondly, there seems to be a large point of confusion with Mr. Johnson as to the content of the deeds. If you want, you can get a solicitor to look at the deeds and come to a conclusion as to in whose property the garage belongs.
7. The difficulty is that if the overhang is in your property, then any obligation to maintain it, falls on you, as owner. However, as owner, you don't have to continue to have it there. You can remove it, as it is on your property. To ascertain this issue, you should get someone to read your deeds who is legally qualified. My own view is that if it does not appear in your deeds, then what this Mr. Johnson states is incorrect.
8. Be aware that you don' t have to maintain this overhang if you don't want. You can simply remove it. This Mr. Johnson is attempting to foist an obligation on you which doesn't exist if you won't want to have this overhang. For what it is worth, I wouldn't trust anything he says.
9. Dear M. Smith, It is not correct to say that if it is on your deeds you have no choice but to maintain it. You can simply remove it. So you can take it away. You don't have to leave it there and maintain it.
10. Good to hear that. I look forward to it. Best wishes with everything.