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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Neighbor's extended pitch roof

Customer Question

My neighbor's extended pitch roof is directly over hanging over my flat roof and channelled all their roof water straight on to my flat roof, a straight down pipe discharge all the water on to my flat roof. Their extended roof is inside my wall boundary by 13"! I have asked them many times to rectify the problem for last 15 months, talked to them face to face, showing them the damage had been caused by them, inviting them to my house having tea for talking this matter. I have tried very hard bringing up their attention to resolve this problem since Sept-2014. But hey remain inaction or my polite approaching has been deliberately ignored. What can I do? Please help. What can I do? Please help.

Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
As a general statement of law our neighbour cannot overhang your land with his roof, unless he has an easement or some other kind of reserved right.
In order to help you with this I need a litte more information. Has the roof been overhanging your land for 15 months only, ie is it a new roof that extends further than the old one. What damage has been done? Are you an owner or a tenant and if so is your landlord a social landlord or a private sector landlord.
Customer: replied 2 years ago.

I bought the property in Nov-2015. The roof was there. But it was no right given to the neighbour by my predecessor landlord.

I have photos to prove your roof water has directly poured onto my flat roof.

Best Regards


Expert:  LondonlawyerJ replied 2 years ago.
Do you know when the roof was built?
Customer: replied 2 years ago.

I bought the property in Nov-2013Wink

Expert:  LondonlawyerJ replied 2 years ago.
Yes but do you know when the roof was built and what damage has been caused to your roof. He may have gained a right to use the space over your property through prescription, ie long use as of right.
Customer: replied 2 years ago.

I have tittle deed. They have NO right tio use my space. The previous owner of the property is far away from the property and was a big company they have no knoledge of the extended roof was build, and before I bought the property it was empty for nearly 3 years.

If they have the right they could of show me long time ago.

The landlord have a dispute with his tenant, the court had an order to stop the landlord accesse his property, so he just use this as an excuse of doing nothing, and the the court order the tentant to sell their house to pay purchase the landlord's property which they currectly rent and used as a hairdresser. The tenant has a sum of Arrears.

So the tenat use the roof problem as an argument no to buying the property. But an court order is in place.

They both use me as handle, I am the victim of their fighting.

I already write a letter to the landlord and copied to his solicitor, state clear that 10 working days to remove the trepassed roof and I am turn the roof draining pipe back to their side.

I am going to cut the invaded part of the roof of and give them a bill.

Can I do that?

My letter to the legal owner:--------------------

From Yong M Liu,



To the legal owner & the tenant of


DN11 8JW



Your extended roof is overhanging my property by 20”. Your entire roof water is directly and deliberately channelled on to my flat roof. It has caused my flat roof to be seriously damaged and leaking into my warehouse down below as I have shown Mr & Mrs Middlebrook in Sept-2014.

Despite of more than three attempts to discuss this with you, talking to you face to face, showing you the damage that has been caused by your overhanging roof, inviting you to my home to discuss this matter over tea still nothing has been resolved. I have tried very hard to bring this to your attention in a hope to resolve the matter since Sept-2014 and no attempt has been made to prevent further damage to my property. Despite this still you refuse to take action and my polite approaches regarding this matter have been deliberately ignored.

Your selfishness has left me no option but take action within the legal permit to protect my property from being further damage by your overhanging roof. I have photos to prove your roof water has directly poured onto my flat roof.

I am giving you 10 working days to remove the roof over hanging on my property. No more your roof water is to be discharged on my roof. Meantime I am turning your roof water down pipe back on to your side of the property so I incur no further damages.

Should this not being rectified within my requested time frame, the overhanging part of your roof will be removed by third party and I will seek compensation for the cost.

I reserve the right to take legal action against the legal owner of XXXXXXX XXXXXXXX

If you are NOT the legal owner of XXXXXXX XXXXXXXX please ignore this letter.

On a separate note I would like to mention that I have avoided going down this rout and tried very hard to be neighbourly however having this matter drag on as long as it has and having my property continually damaged has left me no choice, I hope we are able to come to an amicable resolve.

CC: Michael (whom might be the solicitor of Mr & Mrs Middlebrook)

xxxx xxxx xxxxxxx

Tel: xxxxx xxxxx

Fax: xxxxxxxxx

Expert:  LondonlawyerJ replied 2 years ago.
You can not simply remove the overhang. That would very likely amount to criminal damage. As you show no intention of giving me the information I need to answer the qeustion I am going to opt out.
Expert:  Nicola-mod replied 2 years ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.

It is OK, I can wait.

Thank you

Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Customer: replied 2 years ago.

have my money tooken?

Customer: replied 2 years ago.

Can I have refund?