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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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L have someone else's garage overhanging across my side of

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l have someone else's garage overhanging across my side of the house passageway and the wall of the garage for approx 20ft is my wall for part of the the passage, in other words the garage is my fence [part] you must excuse what l am trying to put down for you but l do not have any experience in this field. This is a new property purchased in December 2012. Since l moved in l have had the garage roof flood my passage and any snow we have had as come of the roof to the gable end of my property,l have reported the garage being on my land as we were not told and if we had would not have agreed for it to be on my property. The garage overhang is not on my deeds and is not on the deeds of the people who own it. After two and a half years of trying to sort this out l received a telephone call from a Mr Darren Johnson who l had spoken to and had visits to my house and at the beginning he was going to sort it and after uncountable phone calls and visits this is what he told me! as far as he was concerned that side of th garage including the overhang now belonged to me and any problems with slates /guttering/drainpipes was my responsibility and Barratt /Wilson / Homes would not have anymore to do with it,l hope you understand what l have sent you. Thanks M.Smith.

1. Dear Maurice, the first thing you need to be aware of, is that you can remove any of the garage which is on your land. You can literally strip it down and take it away. Secondly, your neighbour is responsible for any show or rainwater which comes off his roof and which flows onto your land. This constitutes a nuisance in law for which your neighbour is responsible. Accordingly, it is up to your neighbour to take remedial action to prevent this occurring and if it does, you can sue him for money damages for any nuisance caused.

2. Be aware that anything overhanging the midpoint line of the boundary constitutes a trespass and can be removed. Accordingly, if there is guttering from the garage which infringes the midpoint line of your boundary, you can in strict point of law remove it. Similarly, if any part of the garage is over the boundary line, you can take if away. Whilst you can give notice to your neighbour of your intention to do so, there is no requirement to do so in law.

3. If there is some other remedy you wish to pursue, I will be happy to advise further.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

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Customer: replied 1 year ago.
This information helps me a lot and glad l got in touch with you, the people who own the garage l have spoken to on numerous occasions but they did not seem bothered, but now they know of your letter and what l can do it looks like they are now moving to sort this out with the builders and l will stick to what your letter says.. l will be in touch again and would like MrCustomerto deal with anything about this case. A bonus l would expect to pay and any costs if l ring MrCustomerThanks M.Smith..

5. You are welcome.

Customer: replied 1 year ago.
l need to talk to you as soon as possible MrCustomer M.Smith.
Customer: replied 1 year ago.
Hello MrCustomer
I would have liked to have spoken to you over this matter has l always like you to know everything and things get missed. Anyway l suppose this cannot be helped so l will try to explain what as gone on over this garage. l sent your email to the owners of the garage and after speaking to them, they sent it onto Mr Darren Johnson who sent a email back stating there was a paragraph in my deeds that says l own this part of the garage l cannot see anything in my deeds referring to any part of the garage and as stated before nothing on my deeds or the owners. So l sent a email to Mr Johnson and asked him to send me a copy of this supposed paragraph, l told him he had 14 days to send it otherwise l would demolish the garage on my property l have heard nothing or received a copy, this is a copy he has not mentioned in the 3 years l have been here although he as been to my house on numerous occasions and ***** ***** a site manager brought me the original copy of the deeds and l told him there was nothing on the deeds that was different to mine and he agreed and told me he would be in contact with Mr Johnson and sort this out with him, l have heard nothing since. Please excuse the length of this email thats why l would have preferred to chat with you.Yours M.Smith.
Customer: replied 1 year ago.
MrCustomerSorry for not mentioning this in my previous email i was advised by the RICS to have a surveyor look at the garage, do you agree. Thanks M.Smith.

6. Dear M. Smith, I think it would be a good idea to have a surveyor from the RICS to look at the garage. Show the surveyor the deeds and ask him his opinion on it. The surveyor can carry out a survey in accordance with the deeds and determine whether the garage is within your deeds or not. Secondly, there seems to be a large point of confusion with Mr. Johnson as to the content of the deeds. If you want, you can get a solicitor to look at the deeds and come to a conclusion as to in whose property the garage belongs.

Customer: replied 1 year ago.
MrCustomersorry for sending you this email but l feel after your first answer of the garage was the best news l wanted to hear for the 2 and a half years l have been here but one answer l required on this new build was,am l responsible for the maintenance of this 2ft overhang as Barratts Mr Johnson told the owners and myself,the garage is approx 20ft long this has been put as my wall for my passage way and the roof hangs as stated 2ft over my passage surely l cannot have something like this put in my deeds saying it is my responsibility in a paragraph Mr Johnson says is in my deeds. Can this be done by law and l have to accept it. l will be in touch with the surveyor on Tuesday. l do apologies for coming back like this but l can assure you that when l get this sorted win or loose l will be in touch to organise a bonus without fail. Thanks M.Smith.
Customer: replied 1 year ago.
Hello MrCustomer
Could you give me a answer to the last email sent or any information that could help me.

7. The difficulty is that if the overhang is in your property, then any obligation to maintain it, falls on you, as owner. However, as owner, you don't have to continue to have it there. You can remove it, as it is on your property. To ascertain this issue, you should get someone to read your deeds who is legally qualified. My own view is that if it does not appear in your deeds, then what this Mr. Johnson states is incorrect.

8. Be aware that you don' t have to maintain this overhang if you don't want. You can simply remove it. This Mr. Johnson is attempting to foist an obligation on you which doesn't exist if you won't want to have this overhang. For what it is worth, I wouldn't trust anything he says.

Customer: replied 1 year ago.
Just one quick answer if it is on my deeds then l do not have a choice but to maintain it and clear what mess it makes. This cannot be right. M.Smith.

9. Dear M. Smith, It is not correct to say that if it is on your deeds you have no choice but to maintain it. You can simply remove it. So you can take it away. You don't have to leave it there and maintain it.

Customer: replied 1 year ago.
Thank you MrCustomerfor your answer l will not bother you until this is sorted and like l said l will be back with a bonus l promise and l always stick to my word. M.Smith.

10. Good to hear that. I look forward to it. Best wishes with everything.