Neighbour gutter overhangs over property we are buying

JoniG

Hi all, we are in the final process of buying a house. We have some concerns about the way in which the waste pipe from the neighbours' first floor bathroom connects with ours into a shared downpipe on our property, as well as how their extension has a rainwater pipe that drains straight into our garden, in addition to their extension's gutter overhanging over our property. Apparently, the current neighbour, who bought the house with the extension already built, mentioned that it didn't have planning permission and that it was poorly built.
We are planning to build a conservatory extension adjacent to the neighbour's wall and were wondering about the potential issues that we could have. Our solicitor has put in place an indemnity policy for flying freehold, but this doesn't solve the issue when we would like to do our own extension. 
Any recommendations in the case purchase price need to be renegotiated because of these issues?
Many thanks for your help.

quotememiserable

Their downpipe certainly shouldn't discharge into your garden. I'd knock on the door and talk to them about it. If they sound like they'll be difficult about it, then I wouldn't buy the house at all. You don't want to live somewhere you're at loggerheads with next door from day one.

Comms69

Are you sure it's your land? A fence does not necessary denote a boundary

JoniG

It is our land according to Land Registry - no deeds are stated in there. The downpipe is really close to the kitchen window, we suspect it was done this way by a really dodgy builder (probably more than 15 years ago). Please below image with the overhanging roof and gutter and shared downpipe.

FinallyStoppedLurking

I'd say this would be covered by an easement although your solicitor should be able to advise. 
You are basically buying as is. Either accept it or walk away. 

ProDave

The downpipe will have been there first for YOUR bathroom waste connections. And I would hope that is not discharging onto the garden.

If it has been there for 15 years even if it had no permission to be like that originally, it has probably gained some rights by virtue of time. And likewise if the extension was built without planning it has long since passed the time any enforcement could happen.

That is not the easiest house to add a conservatory to because YOUR downpipe will need altering or moving.  Perhaps just keep on looking for a more suitable house?

greatcrested

If you build an extension, you are going to have to re-direct/move that downpipe with your bathroom waste anyway. So whatever solution your architect comes up with could also deal with the neighbour's roof water.

The bigger issue is the overhanging gutter (and, from the picture, part of their roof). Either you will have toleave a gap between your extesion wall and the neighbour's wall and take account of the overhang, or you get the neighbour to re-design their roof, which they will be reluctant to do.

I foresee a friendly debate and/or dispute. Is it worth buying a property knowing that that is inevitable from the start.....?

Either buy, accept the status quo, and forget the extension, or find a more suitable property.

Mickygg

It’s not just the gutter that’s in your territory but part of the roof by the looks Of it, this overhangs the boundary. If you want a conservatory in your full boundary this presents a problem.

i would walk, simple. 

MalMonroe

Mickygg said:

It’s not just the gutter that’s in your territory but part of the roof by the looks Of it, this overhangs the boundary. If you want a conservatory in your full boundary this presents a problem.

i would walk, simple. 

Me too. This is going to cause major problems. Not least of which will be a fallout with the neighbours. This is something I'd not want to deal with at all.

rik111

You really want to buy a house and first day you move in start a dispute with your neighbours..... If you don’t like it, don’t buy it ! That does not look like a quick easy fix for the neighbour, their whole roof may need to come off. If they won’t comply expect to spend a fortune on court fees, if they do comply you will be forever know as the wa***kers next door and hated for eternity.

TheProfessional

We walked away from a house which had an overhanging gutter from a conservatory which would make a rear extension very difficult. We ended up finding an infinitely better house a week later