Neighbour threatening legal action - please help!

Jeepers_Creepers

CatLady87 said:

Thanks all.

Had a chat with LH neighbour this morning. He’s being very shifty, I think he’s lying to me. I asked him who put the stop ends on and he went ‘the joins?’ And I said ‘no, the stop ends on your gutter and mine, was it the previous owner’? He just told me that he had his gutter done when he moved in. I think it’s fairly obvious he had his capped off. He said that guttering only comes in four metres lengths (how would this be an issue, surely they can all be joined together!?) but he managed to let slip that his was joined to mine at some point. He said the previous owner removed his stop end and threw it in the garden at one point!  I’m not sure if the stop ends being added caused the issue, but he seems to think their gutter has always had issues and the side of the house was wet before (my house, not his).

I’m effectively copping for a historic dispute between two people. 

Indeed - well done :-)

It doesn't really matter any more who actually altered the guttering. It's amusing, tho', that he let slip that he knew they were joined at some point!  

Anyhoo, al that matters now is the solution, and it's pretty clear what that is. Since you would need to redo - 'level' - your section as part of this, then I think it's reasonable for you to pay for this and rejoining the two - the latter part is a minor cost.

So, that's it - he either agrees to this or else you leave things as they are.

(Oh, and yes - the 4m length excuse is a pile of poo. Which he knows - what a silly thing to say.)

CatLady87

@Jeepers_Creepers - thanks, think he just thought I was some naive woman who’d just roll over and do whatever he wanted.  Whilst I’m shy and hate confrontation, he underestimates me!  I could tell he was lying, too many pauses between sentences! Have you heard of a piece of slate being put between two gutters to direct water into each? The roofer I spoke to today said that may be a solution.  If that’s a remedy then it might save me the hassle of convincing him that they should be joined up! Once these issues are fixed I’ll be getting the house on the market pronto! 

Jeepers_Creepers

A piece of slate to direct the water in to each?! No, I have never heard of that - seems a bit bizarre to me (tho' I can't quite figure out where this slate would go...) If the neighb's 'roofer' is seriously suggesting something like a piece of slate fitted in each stop-end so as to act as a further barrier to the water coming over the end, then he needs a good kicking. That's nuts. Any idea what he does mean? 

Seriously, there is only one reasonable & correct solution - redo the gutter as it was meant to be. If there remains overflowing issues - which I doubt - then it'll be down to something else like blocked DPs of SAs - which is a separate issue and would need sorting as such.

If you are really thinking of selling up soon, then I fear you may have to declare this issue in the SIP. I would suggest it would only remain an issue if it wasn't sorted properly, so 'a piece of slate' or two stop-ends would ring alarm bells for me as a potential buyer. If you can say "Yes, there was a neighbouring issue involving a previous mod to the gutter but that has now been resolved correctly..." you should be fine. 

Norman_Castle

Suggest you try levelling and joining the gutters to see if it solves the problem. I couldn't read your sideways lease but suspect you are entitled to share the gutter and downpipe, something you could ask his solicitor to explain to him.

Gravity makes water flow downhill, an end cap wont change that.

CatLady87

The roofer that suggested it is one I found online, he had good reviews, but don’t they all. I found another online and he came to look this evening. Thought he was okay and understood that a downpipe was a bad idea. He then suggested a downpipe 😖. Mr LH neighbour wasn’t home but his partner was, so I asked her to be party to the conversation.  I think LH neighbour added a piece of gutter and the gap between the stop ends is clearly on his side, though I doubt that makes any difference now. LH neighbour’s partner said the cause of the leak isn’t the gap between the stop ends, so channelling water through some form of slate? Wouldn’t work in that case.

I’m going to wait until the other two roofers come to look and then broach the subject of restoring the guttering to how it was before in front of them. Any roofer worth their salt would entertain such a suggestion and it backs me up in front of them. I’ll then don my big girl pants. My next suggestion will be that I’ll pay for the restoration as long as I stipulate who does the work. I don’t trust their roofer and I intend to ask him (when he returns again) about building regs for downpipes and why he’s suggested a pipe should run down my drive and run all over the street when the regulations clearly say it shouldn’t.

I did fear I’d have to declare this on the PIF, but I wasn’t sure as if it’s remedied does it still count as a dispute? I know the previous seller listed the dormer extension but surveys etc were carried out there and he took action against the seller (previous owner to the woman we bought off) in a massive way. I know he’s been to a solicitor after posting that passive aggressive note through my door, though I don’t think he’s taken it any further than that.

CatLady87

@Norman_Castle - yes, I’m almost certain that we are meant to share drains, gutters, pipes etc but historic tampering has caused this so I hope this backs me up in the fact that they should be shared, I’m offering a solution which is supported by the covenants contained in the title - so what leg does he have to stand on?

You mention a stop end not affecting water flowing downhill, not sure what you mean in relation to that? I’ve determined that my fascia isn’t flush with the wall of the house and the gutter seems to bow, I think that needs remedying as well as it can’t be helping. Good job I had a survey and it raised these issues at the time isn’t it?! Not. Not a dicky bird on the survey. Next time I’ll be a more prudent buyer, or maybe not even buy at all!

CatLady87

Update - we’ve agreed a roofer to remedy the problem (join the gutters back together) and neighbour has even offered to contribute (even though I said I’d pay). Thanks for all your help everyone!

Jeepers_Creepers

Wow! What a great result!

And, I understand that, once resolved, this is no longer a declarable 'dispute'. 

Davesnave

Well done! Moral, and hopefully practical, victory.

Faced with bullying from a neighbour as the 'newbie', you just have to look into a situation and gather what info you can before reacting strongly one way or the other. If they wrong foot you, you'll get more. If you survive, they'll probably think twice before trying it on again.