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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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Our garage was built 30 yrs ago and is at the end of our house

Customer Question

Our garage was built 30 yrs ago and is at the end of our house adjoining our neighbours garden. The dividing fence runs diagonally away from our garage approx 7 inch at the start to 18 in at the end. our relatively new neighbours say the guttering at their side is over the boundary for approx the first 18 in or so then it is back on our side of the fence. Will we have to remove the guttering
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
If it does go over your neighbours land that this is effectively over hanging for a sailing. People can obtain rights to overhang in the form of legal easement, in the same way people can obtain rights of way over other people's land.
If it is the case that the guttering has overhung your neighbours land for a period of 20 years then you can claim of right by prescription under the prescription act 1832. This is acquisition of a right by long use.
If you have not had the guttering overhang for this period of time the new neighbours will be able to enforce the removal of the guttering from its current position so that it does not over hang their land.
If you have used it for 20 years then you should advise them of this and that if they attempt to require you to remove it then you will apply to the land registry to register your rights by prescription.
Kind regards.
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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Customer: replied 2 years ago.
Is this still the case even if he did not own the land at the time the garage was built
Expert:  Thomas replied 2 years ago.
Hi

Yes.

Tom

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