Neighbours guttering damaged - now damaging mine!

rob7475

Hi, I'm just after a bit of advice as I'm in a bit of an awkward situation.
I live in a 1920's semi with cast iron gutters. Ours were fine and have been maintained etc. However, my neighbours has started dropping on the back of the house and is now pulling on a section of ours. It looks like their brackets have broke so the majority of the guttering at the back of their house is being supported by 2 brackets and it's sagged badly in the middle.
I've let them know about the state of it but they seem reluctant to fix it. If another bracket goes, there's a good chance the guttering could swing and drop into our garden. We've got kids so are a bit reluctant to let them play in the garden now as it could go at any time.
I don't want to fall out with our neighbours but what are the options if they remain reluctant to fix it? 

RelievedSheff

Not a lot you can do to force your neighbours to fix the guttering.

Can you add another bracket to the guttering just to your side of the boundary line to take the strain off it a little?

rob7475

Thanks for your reply. I could do. I'm a bit worried if I do that though and disturb theirs, it'll drop and they'll try and blame me to make me pay for theirs to be repaired. I've taken pictures of the state of it just in case things turn sour with them.
If theirs did drop and take part of mine with it, are they then responsible for repairing the section of mine they've damaged?

TELLIT01

As the problem is down to lack of maintenance rather than storm damage I would say they would be responsible for repair to your gutter, and any other damage to your property.  You have the photo evidence.  I would as a minimum note the date and time of any conversations you have had with them about the state of the guttering and your concerns about potential damage to your property.

rob7475

We've spoken to them via text message to make sure we've got stuff in writing. We mentioned our concern for the damage it's doing to our gutter. I think they're going to struggle to pay for repairs which I do have sympathy with but the longer they leave it, the more it's going to end up costing them.

Mistral001

This type of situation comes up often on this forum.  One neighbour thinks that the next door neighbour's property is in a  state of disrepair and thus damaging their property and they want the next door neighbour to do something about it.   Legally you cannot really do much.  If it was a rotten tree that was overhanging your garden and you could prove that it was rotten, then possibly you could get something done, but proving that this gutter could swing round and enter your property is going to be difficult.  

I would speak to your neighbour face to face and not go down the confrontational route of taken photographs and putting things in writing.  Offer to help them to fix it if you are convinced that this gutter could hurt someone.  Sometimes we have to go the extra mile for our neighbours.

ElephantBoy57

rob7475 said:

I've let them know about the state of it but they seem reluctant to fix it.
I don't want to fall out with our neighbours but what are the options if they remain reluctant to fix it? 

If you have concerns, you must speak to them in a harsher manner. Can you recommend someone to your neighbour, that may be able to do the work?

rob7475

I've recommended two roofers/builders who I know. I'm happy to help my neighbours but I'm not going to pay to have their gutters replaced. There's 3 working adults in their house so I don't see why it should be my issue to fix.
Some of the brackets have fallen from their roof today so don't think it'll be long till the whole lot drops.

Carrot007

rob7475 said:

 I think they're going to struggle to pay for repairs which I do have sympathy with but the longer they leave it, the more it's going to end up costing them.

To be brutally fair. If they cannot afford it then no matter what you do they won't have any cost. A CCJ maybe but paying. No.

Yes you are angry. It's still not going to help. If you know someone who can do it on the cheap that would be the best option. Find a positive outcome or hope they do have the money. Though expect you to pay more in court costs which probably will not be got back if you do go that way.

Some people are better of renting but people see home ownership as something imnportant in this country. Even when it means living in a broken shack. I see it in many houses. It's sad. They are stuck and can't move because noone would buy it. (And I am in no way saying it's the case here, sounds more like the possible start of it).

TELLIT01

There is a house a few doors down from us which is currently occupied by an elderly lady, living on her own.  Over the past couple of years there has been noticable deterioration to the property, including the guttering which is sagging alarmingly.  A number of neighbours do help out where they can, but it's not possible to force somebody to have the work done even if they can afford it.

twopenny

Sometime you just have to go on the defensive to get peace of mind.

You've got the photos, you've got the message they sent. First see if you have a mate who's a builder who would just come and look and confirm the state and that it would be sensible to shore up your side.

Now fix a bracket on your side to ensure yours doesn't fall.

This would be cheaper than replacing your guttering and the damage done while you argue it out with the neighbours.

My elderly neighbour of 40yrs friendship wouldn't do anything about her ivy climbing into my guttering and roof space until I said I was going to get the forseen damage put right and send her the bill. I said it with a smile.Took her 5 minutes to cut the ivy off at the bottom! Me a couple of years worrying about it.