legal responsibility of rain gutter fall pipe

moonbadger

Hello,

We are very close to buying a mid terraced house. One slight issue is that the neighbour's extension has a gutter that runs parallel to the boundary and the fall pipe from this empties directly on to this house's flower bed. It does seem quite damp on the lawn too .

I have spoken to the neighbour and asked if he would mind moving the fall pipe to his side after we buy, but he says it would be our responsibility as the gutter is on our side (ie it over hangs our garden slightly). This doesn't make sense to me as the water comes off his roof and onto his gutter etc, but is he correct? :money:

He also says that as its been that way for a long time then its not his problem - again, is that correct?

thanks!

poppysarah

Find another house.

There are lots of other terraces.

Or point out to him if the gutter is your responsibility you'll be taking it off as it's on your side. His house will then get very wet when it rains.

chris_m

Alternatively, stick a water butt under the downpipe and use the free accumulated contents to water your garden instead of using possibly metered water from a tap.

moonbadger

chris_m wrote: »

Alternatively, stick a water butt under the downpipe and use the free accumulated contents to water your garden instead of using possibly metered water from a tap.

We would have plans to extend ourselves (a mirror imageof the neighbours) so as sensible as this is it wouldn't be a permanent solution.

Is his assertion that the gutter and fall pipe are our responsibility true? :cool:

cheers

Annisele

I'm not sure it matters whose responsibility it is - a neighbour like that may make extending far more difficult than it otherwise would be.

bristol_pilot

Might I suggest offering a financial payment to the neighbour to move the downpipe to their side? It does sound like (the way you put it) that the downpipe is part of the extension, that said extension therefore breaches the boundary and will be in breach of its planning permission. But its not worth starting off in a new home with a neighbour dispute, so a sweetener to move it might be the pragmatic way forward.

martinthebandit

In order of preference my solutions would be;

1. Walk away and buy a different house, especially if you want/need to build an extension some time in the future, as you now have a hint as to how your new neighbour will be re planning permission etc.

2. Get your conveyancing solicitor to sort it out.

3. Get estimates for connecting the outfall to the drains and deduct that from the price you are willing to pay.

To be honest though, it would have to be a very special house to make me consider anything other than option 1.

Oh and to answer your original question, its your neighbours gutter, its your neighbours responsibility.

moonbadger

martinthebandit wrote: »

Oh and to answer your original question, its your neighbours gutter, its your neighbours responsibility.

Thanks for that. Yes you are right about walking away but this really is special and as I don't mind a bit of argy bargy as long as we get a good deal.

So you are pretty certain a gutter/fall pipe on a neighbours house is their responsibility even tho it is on our side?

Thanks so much, I will now take legal steps. Bye the way I did offer to split the cost but he wasn't interested (he wasn't rude either, he genuinely thinks it woul be our issue).

Cheers

pararct

It is the neighbours responsibility it is their gutter.

That said it should not be discharging onto your property, ideally it should not overhang the boundary but often garden boundaries are poorly marked and what you see as a fence line may not be what it actually is give or take 2 or 3 inches (which incidentally is about the width of standard gutter).

If you want to proceed get the conveyancing solicitor to sort it out prior to exchange of contracts. As I see it you will need for the neighbour to sort out where he is discharging his pipe and move that to the other side of the fence. As to how that will work as and when you plan to extend yourselves I don't know. If your 'project' needs planning permission your neighbour will be made aware of and have a right to comment upon it. Although he can object this would have to be within set guidelines and in tune with the 'local plan'. Whinging on about the effect it will have on his gutter would not be adequate grounds.
In some cases it is unavoidable for downpipes to discharge across a boundary and an example could be where a flat with a front entrance overlooks the yard or garden next door. In these cases it will usually be written down by way of a covenant that they have the right to discharge but this will be into a correctly made up drain which they will also be responsible for maintaining.

moonbadger

Basically I would like him to route the drain pipe into a drain (it would be fine on our side, but preferably his) and I think he should pay for it. is the unreasonable?

firsttimetom

His responsibility - no doubt at all. As someone else has said, if it encroaches on your land, then he has gone beyond his boundary which he would not have had permission for.

Do try and keep it civil though, there is nothing worse than a bad neighbour, especially if you plan to extend.

It sounds like his gutter will get in the way so it will have to be moved at some point if you get permission.

Of course if you get the local planning officer out to discuss your extension plans, it might be worth pointing it out to him/her?