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Can I block my neighbours gutter?

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  • Jeepers_Creepers
    Jeepers_Creepers Posts: 4,339 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 11 August 2021 at 10:41PM
    "...the way forward would involve showing that the neighbouring properties haven't got an acquired right to drain" just like two other home-owners haven't done, when they seemingly acquired the right to not drain?
    I did explain that the OP should approach the non-miscreant folk in the first instance, and armed with the two options (unless you reckon a third really is the recently-imposed status quo of two folk adding their capacity on to you by removing their DPs without consultation?!), I think most folk would be happy to apply pressure on the two twits.
    The fact of the matter is, there is nothing in the deeds to suggest a responsibility on the OP to maintain their DP for the benefit of the others. The additional fact of the matter here is that the actual issue has been caused by two other home-owners removing DPs from shared guttering without notice.
    And you reckon the OP will have a problem should he - after proper warning - also effectively remove his? 'Cos that's another option - it would be fun to witness the combined expressions when the remaining DP was hoicked out!
    It's for the OP to prove the neighbouring properties haven't acquired a right to drain?! It's for the OP to calculate whether his DP is actually good enough for 6 houses?

  • Could the height of the gutter be raised slightly, so the water runs back towards 6 rather than towards you? Might be a means of persuading them to reinstall the downpipe…
    Northern Ireland club member No 382 :j
  • Jeepers_Creepers
    Jeepers_Creepers Posts: 4,339 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 12 August 2021 at 8:11AM
    Annoyingly, S62 is almost certainly right in what he says. (And I mean 'annoyingly for two reasons... :smile:  )
    Even tho' what the two twits have done is patently unfair and unreasonable and can almost certainly be tackled, it would/should really have to be done through the correct - legal - process or the OP could quite possibly find themselves in an uncomfortable place of counter-litigation.
    It's almost certainly worth the direct approach with chats - in the first instance - with the non-DP folk to get them onside, and this might well be enough to make the TTs reconsider what they've done.
    I don't think the OP will have much difficulty persuading the non-DPs that the removal of the other DPs was an unfair and irresponsible thing to do, and if he puts the various scenarios to them - "What if I were to also..." - then he will hopefully get them to make a united approach to the TTs.
    But, outlining a scenario would/should not be the same as taking unilateral action such as I suggested - eg blocking off the other gutters, removing the DP, or even raising the gutter height - all could be demonstrated to lead directly to problems for the other houses, and the OP could be in hot, as opposed to cold, water.

    Bludy annoying? Yup.
    I wish the OP would answer about whether he has LP...


  • lesalanos
    lesalanos Posts: 863 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Annoyingly, S62 is almost certainly right in what he says. (And I mean 'annoyingly for two reasons... :smile:  )
    Even tho' what the two twits have done is patently unfair and unreasonable and can almost certainly be tackled, it would/should really have to be done through the correct - legal - process or the OP could quite possibly find themselves in an uncomfortable place of counter-litigation.
    It's almost certainly worth the direct approach with chats - in the first instance - with the non-DP folk to get them onside, and this might well be enough to make the TTs reconsider what they've done.
    I don't think the OP will have much difficulty persuading the non-DPs that the removal of the other DPs was an unfair and irresponsible thing to do, and if he puts the various scenarios to them - "What if I were to also..." - then he will hopefully get them to make a united approach to the TTs.
    But, outlining a scenario would/should not be the same as taking unilateral action such as I suggested - eg blocking off the other gutters, removing the DP, or even raising the gutter height - all could be demonstrated to lead directly to problems for the other houses, and the OP could be in hot, as opposed to cold, water.

    Bludy annoying? Yup.
    I wish the OP would answer about whether he has LP...


    What a bizarre, bitter way to start a post
  • Jeepers_Creepers
    Jeepers_Creepers Posts: 4,339 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 12 August 2021 at 10:28AM
    lesalanos said:

    What a bizarre, bitter way to start a post

    What an ironic way to start yours.

    I don't think 'even' S62 would think that of mine!
  • Section62
    Section62 Posts: 9,767 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    I did explain that the OP should approach the non-miscreant folk in the first instance, and armed with the two options (unless you reckon a third really is the recently-imposed status quo of two folk adding their capacity on to you by removing their DPs without consultation?!), I think most folk would be happy to apply pressure on the two twits.


    What do you consider "recently" to mean Jeepers?

    How long does a "recently-imposed status quo" have to exist before it becomes just the "status quo"?

    If the new status quo isn't the root cause of his current problem then how would it help the OP to engage his Legal Protection?

  • Jeepers_Creepers
    Jeepers_Creepers Posts: 4,339 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 12 August 2021 at 2:03PM
    Section62 said:

    I did explain that the OP should approach the non-miscreant folk in the first instance, and armed with the two options (unless you reckon a third really is the recently-imposed status quo of two folk adding their capacity on to you by removing their DPs without consultation?!), I think most folk would be happy to apply pressure on the two twits.


    What do you consider "recently" to mean Jeepers?

    How long does a "recently-imposed status quo" have to exist before it becomes just the "status quo"?

    If the new status quo isn't the root cause of his current problem then how would it help the OP to engage his Legal Protection?


    Don't know, and no idea.

    Regardless of whether 'my' gutter actually overflowed as a result of two neighbs removing their DPs, I would be making moves towards them restating them in any case.
    The layout was designed in a way which shared the water load. Reducing that to just one DP makes the whole system more vulnerable - one even partial blockage will cause issues as there's nowhere else for the water to go.
    And to remove the 2 DPs without discussion is just, well, you know...



  • I wish the OP would answer about whether he has LP...


    I haven't checked, but I'm pretty sure we don't. 
    We are however friendly with 3 and they might have.  We're checking...

    1,2,DPA,3,4,X,5,6,X
  • You could always remove your downpipe as well and then the water would overflow over everyone’s house (this isn’t a serious suggestion).
    Northern Ireland club member No 382 :j
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