neighbour altered drainpipe to our house. Is it allowed????

BobProperty

Hurrah! Result! Put it in writing to the police confirming what was said in the conversation with the police officer(s) so you have some record of what has happened. :T

paddy's_mum wrote: »

Unfortunately, if veryskint does take action to 'divert' the water onto her neighbour's property as a deliberate act, she then becomes the one causing an actionable nuisance and the neighbour would be entitled to sue her! Clearly the neighbour is spiteful and would no doubt enjoy having grounds to persecute you further.

We already thankfully have a result but I would have replied to the above comment along the lines of this would be your defence: "Unfortunately the end cap has fallen off or been blown away, but we are unable to replace it as the neighbour won't allow us access to the property to effect the repair".

velvetybubbles

glad it seems to be getting sorted VERYSKINT and remember what goes around comes around

HugoSP

Although it would be a good idea to get it in writing from the police, the bobbies that came around to deal with the problem will no doubt, have made a note of the situation in their pocket book.

You will also do well to take their numbers (4 didget PC or PS numbers on their shoulders). This will in effect give you traceability if you need it.

You are extremely fortunate that you got officers that knew what they were doing and were confident enought to resolve it for you. IMO this is where the police training can leave something to be desired. No disrespect but neigbourhood disputes are not an area that the average bobby has a huge amount of expereince in. Most of their work involves other areas of enforcement.

Why not bake something for your neighbour, I gather a slice of humble pie is a seasonal favourate this time of year:rotfl: ,though maybe she won't agree

fsdss

if all else fails you could try and speak to your surveyor who drew up the plans - they can communicate with your neighbour as a mediator and should have the legal knowledge of drainage / planning

fubar_2

Spoke with a mate last night about this (builder), and he said the police are talking out of their backsides, this is a civil dispute that involves a shared service nothing the police can do about it, in fact he said if you followed what they said and entered your neighbors property without consent to adjust the guttering then you could be arrested for trespass.

He also said that as you had an extension built where does the extra water catchment from that extension go, was the guttering checked to see if it can sustain the influx of water as you could be liable for any damage caused should the guttering fail to drain away the extra water and overflow on to your neighbor's property.

thelawnet

fubar wrote: »

Spoke with a mate last night about this (builder), and he said the police are talking out of their backsides, this is a civil dispute that involves a shared service nothing the police can do about it, in fact he said if you followed what they said and entered your neighbors property without consent to adjust the guttering then you could be arrested for trespass.

You cannot be arrested for trespass, it is not a criminal offence, except in certain very specific circumstances (mass trespass under CJPOA 1994, among others). Perhaps it would have been better if you had spoken to a policeman rather than a builder

fubar_2

yea sorry, it was discussed over a few glasses more likely open to be sued for trespass.

Debt_Free_Chick

Completely agree that the Police have no authority to clarify what is, essentially, a private dispute. But they were probably just trying to mediate to resolve the situation and, perhaps, prevent a crime being committed.

The dispute is governed by the terms in the deeds, on which Veryskint now seems clear that they have every right to have the rain discharge from their guttering to the neighbour's downpipe. This is where the matter starts & ends - it's simply a matter of either getting the neighbour to acknowledge that and comply or .... taking legal action, for which any legal expenses insurance would probably pay.

Building Control & Planning have no authority to take any action in relation to private disputes of this nature either. AFAIK, Planning wouldn't be interested in any event - I'm not sure that Planning is concerned about drainage in this situation as the proposals were to use existing drainage. Even if it is a planning issue, it's simply not important enough to merit much resource on their part.

Building Control would be interested - but only as they are unlikely to sign off compliance with Building Regs whilst the guttering is not connected to the downpipe.

So it all comes back to the resolution of a private dispute - which thankfully has been resolved. Lucky that local plod were prepared to mediate - well done to them!

veryskint_3

fubar wrote: »

Spoke with a mate last night about this (builder), and he said the police are talking out of their backsides, this is a civil dispute that involves a shared service nothing the police can do about it, in fact he said if you followed what they said and entered your neighbors property without consent to adjust the guttering then you could be arrested for trespass.

He also said that as you had an extension built where does the extra water catchment from that extension go, was the guttering checked to see if it can sustain the influx of water as you could be liable for any damage caused should the guttering fail to drain away the extra water and overflow on to your neighbor's property.

It states in my deeds that we can go onto our neighbours land for repair and maintenance of our building. Also WHAT influx of extra water, its the guttering kust below the roof and to try to explain my house is 7.5 metres wide we had an extension 3.5 metres out with a gable end therefore the guttering to attach to her drainpipe has halved. All our other waste/water etc goes out from the other end of my house.

Poppycat

One question how do you guys get your deeds. We have had two houses over the years and never once got the deeds