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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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My new guttering was replaced to exactly how it was before

Customer Question

My new guttering was replaced to exactly how it was before but part overhangs the boundary with next door. The downpipe is on my side. Next door's guttering is very old and needs replacing but they won't do it. The join (their side) was leaking so they promptly told me it was my responsibility. I called out the company who fitted my guttering and they said next door's was full with leaves etc and mine was fine. My question is whether I should remove the part that overhangs or just cut it at the boundary line and ask them to install their own downpipe?
JA: What state are you in? It matters because laws vary by location.
Customer: Sorry i'm in the UK?
JA: Has anything been filed or reported?
Customer: No he's just come to my door very aggressive!
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thank you
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Buachaill replied 11 months ago.

1. The first thing I would say to you is to attempt to preserve neighbourly relations and ensure that the water in the drainpipe does not overflow whether in your garden or in your neighbours. Secondly, strictly speaking, any overhang of your guttering over the boundary is a trespass and gives your neighbour the right to remove it. So, I would suggest you should seek to reach some compromise with your neighbour rather than ending up in disagreement with him.

Expert:  Buachaill replied 11 months ago.

2. I would also suggest that you fix the join even if it strictly speaking should be the joint responsibility of both yourself and your neighbour. I would advise you to simply remove the leaves from your neighbour's part for a lenght of up to three metres and to repair the join. Essentially, you should seek to attain a harmonious relationship whilst being aware that you are strictly speaking trespassing on your neighbour's property by having the guttering overhanging the boundary.

Expert:  Buachaill replied 11 months ago.

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