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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71142
Experience:  Over 5 years in practice.
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My neighbour has built right up to the party line in a valley

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My neighbour has built right up to the party line in a valley roof between our houses, but his guttering hangs over my roof - is this allowed?
Remus2004
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you ever tackled him about this?

How long ago was this built?
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Customer: replied 4 years ago.


It was built before we moved in about 18 years ago, however the guttering has since been replaced but it extends further out over my roof than the previous guttering (which did not). When we moved in, we had problems with water coming into our bathroom so we checked the plans and contacted the council who agreed that the extension was not what was on the original plans but as permission had been granted there was nothing they could do. The extension was built on a flat roof and extends 1 metre above my property.


 


No I haven't spoken to my neighbour about this yet!

Thanks.

Once the gutter has been in place for 20 years he acquires a Prescriptive Easement under the Prescription Act.

It is highly likely therefore that he is allowed to keep the guttering in place.

However but only applies to the extent that the original guttering overhung and not any extension to the guttering.

If water is coming into your property as a result of some defect or lack of maintenance by the neighbour regarding the guttering you are entitled to have a problem fixed and to have the neighbour pay for the damage.

The height of the extension above your property is not relevant.

You are entitled to ask him to move the guttering back to the original line and if that is not possible for any reason, you are entitled to compensation for the trespass over your property although the amount that it is worth is probably going to be negligible and it is probably going to cost more in court and the court would award you in compensation.

If you have house insurance, it is worth checking to see if you have legal expenses cover because it may well be that your insurance company solicitors will deal with this at no cost to you.

Can I clarify anything for you?

Jo
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