Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify with you from what you say that you intend if possible to build right up to and along the boundary line between your properties (soffit board notwithstanding) so that in effect your new wall would form the boundary line between your two properties please?
hello yes that is correct and would not have any gutter or facia on the out side , but put in a internal one so as to keep to the line on the deeds and not let it go over this boundary line does that make sense thank you.
Based upon what you say, the neighbour is guilty of a trespass over your land by erecting a gutter to overhang your land unless they have a right to overhang contain within their title deeds which is unlikely.
having said that, because you did not take issue legally with the gutter at the time of construction ultimately through the courts if necessary, at this point in time, you would not realistically be able to seek an order that they remove the same. Rather, the courts would restrict you to claiming compensation. However, this does not mean you are powerless to proceed as you wish...
From what you say, because you are building up to and along the boundary line, the work will be covered by the party wall act. This legislation requires you to serve a notice on your neighbour before you proceed with the build and obtain their consent for you to proceed. If they do not consent, then a party wall surveyor can be appointed who can prepare a party wall award which will take into account any concerns your neighbours have and also any design requirements to enable the build to proceed which will necessarily include addressing the gutter which may have to be relocated otherwise provided for
if you are not able to reach agreement with your neighbour amicably and a severe is involved, once the surveyor has prepared a party wall award, it is binding on both you and the neighbour unless either of you applies to the courts for variation which is comparatively rare. Involvement of a party wall surveyor can be dispensed with if you are able to reach agreement with your neighbour but it is there is a mechanism for you to fall back upon if agreement is not possible
Do you have any questions on the above so far? Would you like some guidance on preparing a party wall notice?
I think at this moment in time I will write to them and try and suggest a compromise to their gutter if they will allow us to make the alterations in the build . you have been most helpful thank you regards Robert
A pleasure. If you are not able to reach an amicable agreement, please do not hesitate to revert to me and I will be please to take you through the next steps in more detail. Hopefully as you say, you will be able to reach agreement without formality though be aware that you will still technically need to serve a party wall notice on them before you start and get their written consent or they could apply to the courts to stop you building until you do.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though
thanks I will . I will leave feedback and thanks once again for your assistance you have been most helpfoll regards robert
Many thanks. Best wishes and good luck with the build