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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6914
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I have a garage adjoining the neighbours garage and there is

Customer Question

I have a garage adjoining the neighbours garage and there is a shared gutter running down the centre. It is old, corroded and leaking. We ha an agreement to replace both roofs together thus removing the gutter and putting a new one in. She reneged on this and carried out her roof repair. I replaced mine as well but because of her doing hers first I have been unable to do anything about the gutter which is now leaking into my garage far worse than it did before she had her roof replaced. My roofer says the only way he can fix it is to "line" it with new pvc guttering pushed in along the length but to do this he needs to cut away the front section. As it is shared and as she won;t answer her door for us to ask permission, what are my rights please, as stored items in my garage are getting ruined because of her.
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.

It is always better to keep control and keep it simple.

Write to her saying you will fix it after 7 days.

Best regards

Michael

Customer: replied 1 year ago.
Thanks. What if she ignores or refuses, can i just go ahead and do it anyway and am I within my rights to bill her for half of it?
Expert:  Michael Holly replied 1 year ago.

Provided you do not need her permission for access , just do it.

I would not bother to bill her for the guttering , the cost of solicitors letters will be more than her half.

Michael

Customer: replied 1 year ago.
Thanks. Access can be obtained solely from my side and no access to her side is needed, although in order to carry out the repair the front upstand section (about 6" by 9" max), of the metal gutter will need to be removed, strictly speaking half of that is hers, although it is accessible from my side. Am I entitled to remove her half as that is the only way the repair can be carried out? If the repair is not carried out there will be continued dampness to my garage, resulting eventually in physical damage to the brickwork and stored items. so the repair is essential.
Expert:  Michael Holly replied 1 year ago.

You can replace her half on the basis that you are providing her with a new gutter and , as such, she is better off than before.

If the situation is left she may begin to have the same problem of damp in her garage.

Michael

Michael Holly and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
She has now put the matter in the hands of her solicitors for goodness sake, told me under no circumstances am i to do anything to her "property" until I hear further and until her contractor has been to assess the situation
Expert:  Michael Holly replied 1 year ago.

OK , let her enjoy herself, perhaps at some stage she will stop to think.

Michael