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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22664
Experience:  Senior Partner at Berkson Wallace
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Can my neighbours put a cap on the guttering to stop us

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Can my neighbours put a cap on the guttering to stop us using the down pipe as it’s shared and we do not have one
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
Assistant: Where is the property located?
Customer: Peterborough
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: We own our house and so do the neighbours own theirs we bought ours from cross keys housing association

Hi thank you for your message, is the downpipe on their property?

Customer: replied 6 days ago.
Yes
Customer: replied 6 days ago.
No

Sorry, so it is not on their property?

Customer: replied 6 days ago.
Yes it’s on their side
Customer: replied 6 days ago.
I overheard them talking that they are not going to tell us they are going to stop us sharing the down pipe
Customer: replied 6 days ago.
They are getting new guttering windows etc
Customer: replied 6 days ago.
We do not have a down pipe

Hi thank you for your message, are you able to talk to them to resolve the issue?

Customer: replied 6 days ago.
No they are not talking to us
They are not friendly
Customer: replied 6 days ago.
I heard her say they can get their own down pipe and laughed
Customer: replied 6 days ago.
I don’t think I can talk to her because she is aggressive and swears

Hi thank you for your message, I am not sure what the legal position is here therefore, I shall opt out for another expert to assist if they can.

I will try to help you with this today.

Has anything changed here in respect of the gutters in the downpipes and what has prompted this change?

Do you know how long the current guttering and downpipe arrangement has been in place for?

Customer: replied 6 days ago.
The guttering and down pipe has been here since the houses were built my council over 30 years ago
I bought my house 3 years ago from cross keys housing association who bought the house from council the neighbours bought their house about 8 years ago from previous owner
We have shared the down pipe but they have started doing home improvements and I overheard them talking to builder saying we do not need to tell them they can get their own down pipe but we do not have one on our side
Customer: replied 6 days ago.
I have lived in my house for 18 years and always shared the downpipe

Thank you. The situation is not uncommon where there is only one downspout and that downspout is on one side or the other because it rarely goes straight down the boundary. There would be no point in having a downspout on each side, 100 mm apart.

If the current arrangement has been in place for more than 20 years even if the water drainage facilities are not documented, then you have acquired the right for it to remain in place under the Prescription Act because you now have an easement, the right to use the drainage.

I don’t know why they would want to simply block off your side but if they are threatening that, and it’s a real threat, you can always apply to court for an injunction to prevent them doing that. You can also ask the court to award costs against them.

It may be that your house insurance has legal expenses cover so it would be worthwhile checking to see if you are covered for neighbour disputes. You may also find that if you get a solicitors letter sent to them, it may focus their mind, that they cannot do that if the solicitor is threatening court and costs.

If you could please rate my service five stars (even if it’s not the answer you wanted) that would be really helpful. If you have any further questions you want to ask on this subject, I am happy to deal with those for you.

Customer: replied 6 days ago.
Do we wait for the builder to start the work because I only overheard them and they don’t know I know
How should we go about this
Thank you for your answer

To be honest, a quiet and affable word with them would be the way to go although if they are not very friendly, it might be worthwhile having a word with the builder because it will be the builder who is also on the receiving end of the court order and he may not want to have legal proceedings against him.

Customer: replied 6 days ago.
Thank you so much for your help

I am glad to help. Please don’t forget to press the rating button. Thank you

Customer: replied 6 days ago.
Would you be able to do a letter that we could print and send to them to hopefully stop anything happening?

I can give you the wording. We do charge an extra fee for wording letters. I will submit a premium services proposal for you.

Customer: replied 6 days ago.
I am confused do you mean the letter will come from us

 

That is correct. The letter comes from you but we would give you the wording in legal speak.

We cannot do it for you on letterhead. If you wanted that, you would need to see a local solicitor.

Customer: replied 6 days ago.
I appreciate your time thank you I will get a letter done with a local solicitor thank you for your help

No problem. You might want to shop around because some of them may charge you up to £250 for opening a file taking the instructions in writing even the one letter.

Could you please use the rating service for me as I don’t get paid unless I get a rating? Thank you.

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22664
Experience: Senior Partner at Berkson Wallace
Stuart J and 2 other Property Law Specialists are ready to help you