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

veryskint_3

Debt_Free_Chick wrote: »

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!

Its not resolved as my LOVELY neighbour has rang my builder telling him if he goes round she'll sue him . Do you think shes been watching too much american tv or really really skint.Oh and shes suing us for loss of light. I might be wrong with her suing everyone maybe shes got too much money to pay for all these solicitors.

veryskint_3

Poppycat wrote: »

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

I think they were sent to us as we changed mortgage so the solicitor sent us them as they now have hard copies on disc or so they say.

Poppycat

We moved house In Feb 07 but never got the deeds when we sold our old house and bought a our new one (1930's semi). Thanks

Debt_Free_Chick

veryskint wrote: »

Its not resolved as my LOVELY neighbour has rang my builder telling him if he goes round she'll sue him .

For what? Suing for trespass is pointless, unless there's damage involved.

It states in my deeds that we can go onto our neighbours land for repair and maintenance of our building

Just send her a letter stating that in accordance with xyz of the deed, that a builder will be carrying out work to restore the connection of the guttering to the downpipe.

Do you think shes been watching too much american tv or really really skint.Oh and shes suing us for loss of light. I might be wrong with her suing everyone maybe shes got too much money to pay for all these solicitors.

Let her try. She must first have acquired a right to the light that she now claims to have lost. IIRC, she must have "enjoyed" that light continously for the last 20 years. And then she has to demonstrate that she's getting considerably less light. Anyway, even if she has acquired a right to light, she's not entitled to the same amount of light she previously had. Her only entitlement is to a certain amount of light and it's probably not as much as she thinks. There's a useful description here

I think she's bluffing on all accounts. I don't see you have anything to worry about so it's a case of making things clear, in writing.

fox_2

With winter on the way the last thing you want is the guttering full of water to freeze.. you'll get giant icicles hanging over the edge and maybe pull the whole thing off..

Take the stopper off on her end and let the water run down her wall..
Bound to annoy her, but if she's 60 she can' put it back on herself..

anoneemouse

Whatever the rights or wrongs of this (and I would personally suspect your neighbour is allowed to do what they please with guttering on their own house) - I would advise you strongly to sort out your own solution on your own house - and forget about involving the neighbour in any shape or form. You are saying that both the Council and a solicitor dont want to know about this - therefore it is seriously not worth you trying to pursue this. If you did manage somehow to pursue this - then it will be one of those costly legal battles for both neighbours involving only a very small point that one reads about from time to time in the papers - and wonders why they bothered, as they both lost loads of money and went through all sorts of hassle.

I strongly advise forgetting about going back to your neighbour - it will make for a much cheaper and easier life - and I VERY MUCH doubt whether you could possibly "win" in a court of any description.

I would also advocate "putting yourself in your neighbours shoes". From where your neighbour is at - there she is sitting in her own little house minding her own business when the next door neighbour decides to put a large extension on their house - blocking out some of her light and generally making her house feel a lot more claustrophobic. Wouldnt you be hopping mad yourself if someone did that to you? - the vast majority of people would be. I would refuse myself to let anyone onto my land to do anything that was going to make my house a worse place to live in. So - looked at from that point of view - you can understand why she is upset. Perhaps showing her a little compassion and understanding might go a long way - as your posts so far indicate to me that you are determined to have your own way regardless of anyone else's rights or feelings. Whew...... thinks, thank goodness I dont have you as a neighbour... I'll just go off and count my blessings.

BobProperty

Debt_Free_Chick wrote: »

Let her try. She must first have acquired a right to the light that she now claims to have lost. IIRC, she must have "enjoyed" that light continously for the last 20 years. And then she has to demonstrate that she's getting considerably less light. Anyway, even if she has acquired a right to light, she's not entitled to the same amount of light she previously had. Her only entitlement is to a certain amount of light and it's probably not as much as she thinks. There's a useful description here

I think she's bluffing on all accounts. I don't see you have anything to worry about so it's a case of making things clear, in writing.

Completely agree with DFC on this plus why didn't she object and/or succeed at the planning stage. If you have needed PP and obtained it then she's got even more work to do to convince anyone of a loss of light.

BobProperty

anoneemouse wrote: »

Whatever the rights or wrongs of this (and I would personally suspect your neighbour is allowed to do what they please with guttering on their own house).....

The whole point is she doesn't. She can't just decide to stop someone discharging rainwater over her property when they have a legal right to do so.

Would it be OK for your neighbour to cut off a shared drain just because they fancied the idea, then told you to make you own arrangements?

Debt_Free_Chick

anoneemouse wrote: »

Whatever the rights or wrongs of this (and I would personally suspect your neighbour is allowed to do what they please with guttering on their own house)

Bob is right. The neighbours cannot do "what they please" where the deeds give others rights. It's hardly an inconvenience and simply requires the guttering to be reattached to the downpipe. It wouldn't be an inconvenience at all if the neighbour hadn't gone to the trouble of disconnecting it!

Veryskint has a right to connect to the neighbour's downpipe and the neighbour has an obligation to allow them to do it - it's all set out in the deeds. I should add, that I'll bet the neighbour's obligations are set out in her deeds too, so she is simply not complying with the terms attached to ownership of her own property. Shared downpipes are not at all uncommon - very many similar agreements exist, and are complied with, up & down the country. The neighbour is being a complete PITA with absolutely no grounds or rights to do so.

You are saying that both the Council and a solicitor dont want to know about this - therefore it is seriously not worth you trying to pursue this.

The Council "don't want to know" as this is a dispute about private/civil rights. They have approved the plans to have the guttering for the extension attached to the neighbour's downpipe and that's where their involvement ends. It's approved .... the Council are not interested in (and it's actually none of their business) whether one has the right to do this - that's a private matter between the parties concerned. But Veryskint does have that right, as set out in the deeds.

If you did manage somehow to pursue this - then it will be one of those costly legal battles for both neighbours involving only a very small point that one reads about from time to time in the papers - and wonders why they bothered, as they both lost loads of money and went through all sorts of hassle.

I strongly advise forgetting about going back to your neighbour - it will make for a much cheaper and easier life - and I VERY MUCH doubt whether you could possibly "win" in a court of any description.

No legal battle is necessary. Veryskint should simply arrange for the builder to reconnect the guttering. If the neighbour decides to take action, let them - Veryskint then just produces the deeds showing that they did not nothing wrong.

I would also advocate "putting yourself in your neighbours shoes". From where your neighbour is at - there she is sitting in her own little house minding her own business when the next door neighbour decides to put a large extension on their house - blocking out some of her light and generally making her house feel a lot more claustrophobic. Wouldnt you be hopping mad yourself if someone did that to you? - the vast majority of people would be. I would refuse myself to let anyone onto my land to do anything that was going to make my house a worse place to live in. So - looked at from that point of view - you can understand why she is upset. Perhaps showing her a little compassion and understanding might go a long way - as your posts so far indicate to me that you are determined to have your own way regardless of anyone else's rights or feelings. Whew...... thinks, thank goodness I dont have you as a neighbour... I'll just go off and count my blessings.

Neighbour should adopt similar attitude ...... Veryskint simply wanted to extend her property. Subject to planning laws, we all have that right & option and what's the problem with it?

We don't know that the neighbour's light has been affected in any way at all. If it has, which rooms are we talking about? A bedroom, where we spend most of the time occupying it in the dark? A bathroom, which we visit for a few moments occasionally during the day?

Why is neighbour's "right to light" (which may not even exist, in law) greater than Veryskint's right to house their suddenly increased family or simply to improve their property?

It's not a case of "having one's own way" - it's simply a case of having rights, which we all have. As far as I can see, it's the neighbour that's behaved completely out of order. Did you read that the neighbour has actually gone to the trouble of getting someone to disconnect the guttering and leave Veryskint with rainfall pouring down the walls? How reasonable was that?

MrsMondragon

I have read this thread with interest, as im in a similar situation. Last year my neighbours had their front porch renewed. Prior to this the rainwater from their roof drained into their front garden. After having a this new porch put in, they have decided to put their drainpipe into the shared right of way we have between our two houses. We told them they weren't entitled to put their drainpipe in the shared entrance, but they took no notice. Does anyone know where we stand? Thanks.