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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The Water from the garage roof next door, is rotting the new

Customer Question

The Water from the garage roof next door, is rotting the new fence we have had put up but
they refuse to do anything about it. The roof gutter is over the boundary line and I think should be rerouted am I correct in thinking this.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

If water from their property is causing damage then the neighbour is liable.

Alex Watts :

They are liable for anything flowing from their property which is damaging yours.

Alex Watts :

It is a well established principle that you own the airspace above your land, so if your neighbour’s gutters overhang your land then they may be a trespass, even if you cannot reach them or they don’t interfere with the day to day use of your land.

Alex Watts :

If you have gutters in your airspace that have no right to be there, then it may be that you can insist on their removal. They are a trespass and, as a last resort, a court has the power to order an injunction to remove them.

Alex Watts :

A word of caution is necessary here, however: a gutter overhanging many feet up in the air may be considered by the court as a trivial trespass. Unless you can show some real harm or serious implication requiring its removal, then the court may not order its removal and can penalise parties for bringing trivial cases.

Alex Watts :

But in this case there is damage so they should be re-routed any water flowing away from your property

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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