Neighboursguttering overhanging their boundary line and mine

Postby bobc » Thu Nov 29, 2007 10:55 pm

My neighbours had an second floor extention biult approx 8 years ago. Due to ill health of my mother in law, we now have to have her live with us. This involves putting a second floor extention on our property ( exactly the same size as our neighbours ) but because their guttering not only is fixed beyond their boundary line but also onto our property by about 7 inches we cannot extent as we would like to. Could you help us by telling us is it legal to build onto someone else`s property ( no permission was ever asked for or ever given ).
This issue has only arisen due to builders visiting to give us quotes.
Do we have any rights and how do we go about resolving this issue.
There was a gap of 140mm left between the ground floor buildings but once their 2nd floor was built it overhangs their boundary line by approx 5 inches
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Simply Build It

Postby LCL » Mon Dec 03, 2007 6:04 pm


Your problem raises a number of issues, mainly Planning and Party Walls.

In the first instance, the 'development' of the adjoining owners extension is over your land so yu should therefore have been advised of this when the planning application was submitted with an ownership certificate (application form 2(1), served on you, by the adjoining owners.

Secondly, they should have served notice under the Party Wall etc Act 1996, which can imto force in 1997.

The good news is that by what you describe, there should not be any substantial reason why you cannot build as you wish. (subject to planning and building regs) Under clause 2.2(g) of the Party Wall etc Act, you can trim any projections off. You will of course have to make good and enture that proper drainage etc is available.

I would suggest you seek advice from a Chartered Building Surveyor in your area that carries out party wall work. With the benefit of a site visit and drawings, they will be able to advise you further.

Hope this helps.

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