Neighbour’s damaged gutter my rights

Rosa_Damascena

goldfinches said:

Based on the noise around here earlier this evening I suggest you do the work during the next England football match which ought to mean they can't hear anything at all, if you want to be really sneaky you can listen to the match through an earpiece and drill as they score!

Reactively funny but not in good taste.

The poor chap is bed-ridden and the wife I assume is his f/t carer. They are not your classic neighbours from hell.

Rosa_Damascena

Jeepers_Creepers said:

DB1904 said:

There's no such thing as criminal trespass and by trespassing the op wouldn't be committing and offence under the criminal justice and public order act. 

I'm going by - but happy to be corrected - "Trespass is not of itself a criminal offence.  However there are some offences in which trespass is an essential element and this guidance sets out the most commonly encountered examples of such offences."

I see this situation as potentially being - in its literal sense - the OP causing 'damage' by 'trespassing' on the neighbour's wall and drilling holes in it.

It's pretty clear you cannot just drill holes in someone else's wall. But I also cannot see it ever becoming a 'case' in this situation.

The Tony Martin case set the precedent: we have no means to defend ourselves or our properties, however threatened we might feel. Its a trespassers charter.

Ectophile

Rosa_Damascena said:

Jeepers_Creepers said:

DB1904 said:

There's no such thing as criminal trespass and by trespassing the op wouldn't be committing and offence under the criminal justice and public order act. 

I'm going by - but happy to be corrected - "Trespass is not of itself a criminal offence.  However there are some offences in which trespass is an essential element and this guidance sets out the most commonly encountered examples of such offences."

I see this situation as potentially being - in its literal sense - the OP causing 'damage' by 'trespassing' on the neighbour's wall and drilling holes in it.

It's pretty clear you cannot just drill holes in someone else's wall. But I also cannot see it ever becoming a 'case' in this situation.

The Tony Martin case set the precedent: we have no means to defend ourselves or our properties, however threatened we might feel. Its a trespassers charter.

We don't allow people to hold unlicenced firearms in this country, and we don't allow shooting at people who are running away.

Actual, genuine, self defence is allowed.

Mistral001

What, precisely, is the damage being done to your property? The water is likely to do damage to the neighbour's property rather than to your property.  

Whiterose23

Rosa_Damascena said:

goldfinches said:

Based on the noise around here earlier this evening I suggest you do the work during the next England football match which ought to mean they can't hear anything at all, if you want to be really sneaky you can listen to the match through an earpiece and drill as they score!

Reactively funny but not in good taste.

The poor chap is bed-ridden and the wife I assume is his f/t carer. They are not your classic neighbours from hell.

Hi, although they are old the wife is in fact quite terrifying. She tends to rant and sometimes doesn’t make sense. Her husband is bedridden (according to her) and they rarely leave the house. 

I’ve discovered that the guttering is broken all the way round to their property and water is gushing over at two points i to my garden.

Whiterose23

Mistral001 said:

What, precisely, is the damage being done to your property? The water is likely to do damage to the neighbour's property rather than to your property.  

Hi, the down pipe on their house isn’t lined up with the extension gutter correctly so when it rains there’s quite a deluge of water pouring onto my side path. Further along the pipe clips are gone so the pipe sags and overflows into my plants border then on the corner where the pipe is meant to be connected to a new piece of gutter on the front of their extension, it is broken so the rainwater spills onto the dividing wall.
I would say you’re right that the damage could be to their property but it’s left two ugly black stains on the wall at my side and just looks awful.

Jeepers_Creepers

No need to justify any of this, Whiterose. Your neighb is not maintaining their property (whatevs...), but this is causing a nuisance and damage to yours (unacceptable).

Simple as that.

Have you decided how to resolve this? Have no qualms about approaching her one more time and asking nicely if they can sort it. She might behave a bit strange, but she isn't going to actually hit you - gulp, is she? Have this approach witnessed or recorded.

Smile, walk away, and fix it yourself.

Whiterose23

Yes I’m going to have to pluck up courage! It’s all rather strange as we’ve only set eyes on them half a dozen times in the last few years and all of a sudden she has appeared out of nowhere ranting and raving at us because we are looking at sorting out the fencing. I guess they find it difficult when people move in and make changes. By all accounts the neighbours on the other side of them have been having a few issues as well.

mrschaucer

Are there any Police Community Support Officers locally?  Right up their street, I would have thought.  If you could get one round and explain the situation, and how you would love to mend the guttering yourself to prevent your neighbours' damage but have been prevented from doing so by their attitude, I would have thought he could be persuaded to go round next door for a chat.

Mistral001

Whiterose23 said:

Mistral001 said:

What, precisely, is the damage being done to your property? The water is likely to do damage to the neighbour's property rather than to your property.  

Hi, the down pipe on their house isn’t lined up with the extension gutter correctly so when it rains there’s quite a deluge of water pouring onto my side path. Further along the pipe clips are gone so the pipe sags and overflows into my plants border then on the corner where the pipe is meant to be connected to a new piece of gutter on the front of their extension, it is broken so the rainwater spills onto the dividing wall.
I would say you’re right that the damage could be to their property but it’s left two ugly black stains on the wall at my side and just looks awful.

Unsightly stains on neighbouring property are not unusual and not something that you can do much about.   This pair of neighbours have stuck their heels in and I would just  work around the problem without disturbing their broken gutter.  It might cost you a few pounds in plastic pipe but will probably cost you a lot less than escalating the problem with legal action or complaining to some authority.  In any case the authorities will not want to know.