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Garden boundary issue?

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I took this picture this morning so as you can see, the fence we erected in September 2016 is on the left hand side of our garden. (edit, as a new user, I can't include links) He put his shed up against the 6ft wooden fence on the left hand side of the garden.

Background:

We own, the neighbours who we have gotten on well with are renting (if not being the homeowner makes a difference?). The neighbour’s rent from a relative, an uncle of his I think.

About 18 months ago, the old fence came down during some heavy winds.

The neighbour and I spoke about resolving it.

He said he wanted to put up a large shed and use the wall of the wooden shed as the boundary line. I said I was happy to put up a fence and pay for it myself. At this time, although I didn’t say it outright to him, I thought a shed wall as a boundary line was a terrible idea - if we ever try to sell our property, someone coming in might ask how the neighbour planned on maintaining his shed for example. In my opinion, it’s better to keep a clear diving boundary which can be maintained on both sides.

Anyway, he seemed ok that we put up the fence which we did.

A few months later, he was erecting his shed. My wife checked how it was going with him (i was out) and she knew enough to check that he was leaving space between his shed and our fence. He said he was.

I've had a busy time at work so didn’t have time/energy or interest to challenge him at the time when I saw where his shed was placed.
Any rainfall from his pitched roof will fall on our side.
He knows we are planning to use this space.
He can’t now put up guttering because it will protrude on our side of the boundary.
I didn’t care too much at the time because I had other priorities.
But if we want to sell in future, it looks like a dispute waiting to happen.
Who has priority?
(The new fence is where the old one was so I don’t think there is an issue with it’s placement.)
Thanks in advance for any suggestions,

Comments

  • sevenhills
    sevenhills Posts: 5,905 Forumite
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    Any rainfall from his pitched roof will fall on our side.
    He knows we are planning to use this space.

    I guess the rules are different for solid walls and a wooden shed?

    Does it matter where the rain falls, I guess it depends on the size of the shed.
    I am sure there will be other replies.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    Are you suggesting that your garden would be somehow more damaged by the extra few millimetres of rain that may fall in it as a result of this?
  • lincroft1710
    lincroft1710 Posts: 17,662 Forumite
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    Neither of my sheds, nor the greenhouse have guttering
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • treadstone66
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    But isnt there a rule about extensions on houses and in particular the roofs of extensions that extra rainfall should not result on the other peoples property?
    Maybe this isnt a rule.
    Maybe it doesnt apply here.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Have you asked him if he'd like to put guttering on his shed? Seems like the first option I'd consider, as I really wouldn't care about the few cm of overhang.

    Other options could involve putting a deflector onto your fence top, taking the panel away, and similar passive-aggressive responses, but it just sounds like your neighbour is a bit clueless and needs help to understand the issue..

    It's hardly something that would jump out at me if viewing a house that was for sale.

    What are you going to use the space for? Often, when planning works of some kind it's possible to resolve existing problems as well at the design stage.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    But isnt there a rule about extensions on houses and in particular the roofs of extensions....

    Yes, but this is a shed, so its very unlikely the council's building control officer will be involved.
  • Keep_pedalling
    Keep_pedalling Posts: 16,681 Forumite
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    Why not make use of it and put your own guttering up to feed a water butt.
  • sevenhills
    sevenhills Posts: 5,905 Forumite
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    But isnt there a rule about extensions on houses and in particular the roofs of extensions that extra rainfall should not result on the other peoples property?
    Maybe this isnt a rule. Maybe it doesnt apply here.

    Its a shed, not an extension.

    Normally Planning Permission or Building Regulation approval is not required provided that: Sheds and greenhouses do not cover more than half of the area of the garden; not including the area occupied by the house. It contains no sleeping accommodation and the floor area does not exceed 15 square metres.
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