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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10494
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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When I bought my house here was a utility room at the side

Resolved Question:

When I bought my house here was a utility room at the side and the guttering of which overhangs by approx 2 inches onto neighbours property. The utility had no planning permission but the solicitor told me that as it had been there so long it was fine. I've been here 10 yrs. I believe the utility and guttering approx another 12-15 yrs totalling a rounds 22 yrs. my neighbour has told me I have to remove it and relocate it on my property. She is a solicitor herself. Is she correct? she herself has guttering on her garage overhanging her neighbours boundary. Please can you advise. Thankyou
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Firstly, you need to check your Deeds to see if any suitable rights exist to allow the guttering to overhang next door (called not surprising called "a right of overhang"). If the utility was not built at the same time as the property itself, I doubt such a right will exist, but I can't discount this, as there may be a general right of overhang in your Deeds. If there is such a right, then you have no worries whatsoever.
If there is no such right in your Deeds, then you would need to show that the guttering has been in place for 20 years or more. Basically, where no such rights are expressly grated, a party earns such a right if that right has been used continuously for 20 years or more (called acquiring an easement by prescription).
I appreciate you have only been living at your property for 10 years, but if you can somehow prove the utility guttering has been in existence for 20 years, then you are entitled to leave matters as they are!
I hope this assists you and answers your question.
Kind Regards
AL
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