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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience:  Experienced solicitor
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Hi, I am the middle terrace of 3, my neighbour has a single

Resolved Question:

Hi, I am the middle terrace of 3, my neighbour has a single storey extent ion built by the previous occupier jutting out from the rear of the property. The roof slopes towards my side and hence the guttering hangs over my property line. It leaks badly causing damp both on his wall and my wall. Also the guttering is preventing me from building a conservatory. It would be a simple job for him to put a gulley in thus keeping everything within his building line,What is my position.
Many thanks
Paul
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 25 years experience. I will try to help you with this.

LondonlawyerJ :

Were you in occupation at the time the extension was built and if so did your neighbour serve any notices on you prior to building the extension? when was the extension built?

LondonlawyerJ :

I am a working solicitor and fit in helping on this site around other work. I therefore do not always respond immediately to your further questions, but I will respond as soon as I can

Customer: No, we were renting it out when the previous occupier (not the present owner) had it built. We were not served any notice about the extention as a single storey extention apparently should not affect us. The only part that does is the drainage from his roof and the fact that we cannot build ourselves.ie we would like a conservatory
LondonlawyerJ :

When was it built?

Customer: Approx 13 yrs ago
Customer: Hi, we are going away for the weekend. Hope to here from you on Tuesday
Customer: many thanks
Customer: Hi, back from weekend away, hope to hear from you today
Customer: Hi, still waiting to hear from you
LondonlawyerJ :

Hello. I am back now having been busy over the weekend and yesterday. Will answer you later today.

LondonlawyerJ :

 


So your neighbour has extended his house about 13yeasr ago and the guttering extends over your land. He had no permission to do this. Damage has been caused to your land and now it is in the way of work you wish to do on your own land. The neighbour has an unhelpful attitude. You wrote to him 2-3 years ago. I do not know what was in the letter but I assume you complained about him extending over your land and complained about the damage he caused and requested him to stop invading your property and stop the leaks.


Your neighbour should have sought agreement from you before building across the boundaries of the properties and the general position is that he could not legally build this without your permission. Follow this link and go to page 16 to see more details of the procedure he should have followed.


You neighbour had no right to extend his property over your land he has not obtained rights to do so by adverse possession or by prescription. To the extent that this structure overhangs your land he has no legal right to do this.


 


What to do about his is a matter for you but you may think a polite letter pointing out the above and requesting he alter the drainage on his roof to remove the overhang would be a good place to start. It may be that stating that you wish to extend yourself, like he has, and hope to do it all with agreement etc. You may be in the legal right here but it would cost a great deal of money to enforce your rights in the courts and sorting things out by agreement would be very preferable.


Also do not simply remove his gutter as if you do so you may be responsible for any damage that is caused and you never know he may call the police and accuse you of criminal damage.

Customer: Hi Thankyou for the answer
Customer: i will write a letter to him
Customer: Many thanks Paul
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience: Experienced solicitor
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