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What would you do? Neighbour's roof and guttering...

Hello,
so we put an offer on a house and it got accepted. It isn't our perfect family home but we could afford it and it's an area that we love. Plus we are in an awful rental and tbh want to get out asap!

Unfortunately when we got our survey back he pointed out that the neighbour on one side has put up a lean to storage area next to his house...the roof of this and guttering comes over the boundary fence onto our side for a couple of metres. I did not notice this myself when we visited. 
We asked the sellers for more information (for example where does the water drain...presumably onto our footpath that goes down the side of the house) but did not get a helpful response. He just said he gets on well with his neighbour and it did not bother him so it he just left it. 

I really don't know how i feel about this!

Part of me thinks it is just a bit of roof and guttering-i can still use the path and so we should just proceed and accept this infringement. It would mean we would finally have our own home. We are in a tiny flat  at the moment with a toddler and this house even has a small garden. 

The other part of me though worries that this is a big warning sign of the type of person this neighbour is. I personally would never dream of interfering with a boundary feature let alone putting a roof ontop and over the fence onto someone else's property. Although not having a house would be disappointing I would rather stay put in the rental and find somewhere else than have to live with a bad neighbour.

Our solictor is not that helpful either saying she does not think the seller will be motivated to sort this out and there is not a lot we can do until we own the property...i am worried though at that point we risk antagonizing our new neighbour and having to live with the consequences.

So I'm wondering what would you do?

Pull out of the sale and find somewhere else? Or go speak to the neighbour and try and find out more (I did wonder if he rested the roof on the fence to avoid having to pay for a side wall)?
Something else entirely?

Thanks in advance

Comments

  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If there is a handy fence there already I can see the temptation to use it.  Especially if the current owner of the other property is happy with that.
    Have you checked the sale records for the house next door?  The lean to might not even have been built by the current owner.
    Which property owns the fence, and where is the fence relative to the boundary line?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • m0bov
    m0bov Posts: 2,787 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just specify via the Agent you want the roof and guttering moved back from the boundary before you proceed.
  • If there is a handy fence there already I can see the temptation to use it.  Especially if the current owner of the other property is happy with that.
    Have you checked the sale records for the house next door?  The lean to might not even have been built by the current owner.
    Which property owns the fence, and where is the fence relative to the boundary line?
    So my understanding is that the fence is a boundary feature (so on the boundary) but it is the neighbour's responsibility for maintenance as he is the property on the left if you stand on the pavement looking at the house.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 February 2022 at 1:11PM
    If there is a handy fence there already I can see the temptation to use it.  Especially if the current owner of the other property is happy with that.
    Have you checked the sale records for the house next door?  The lean to might not even have been built by the current owner.
    Which property owns the fence, and where is the fence relative to the boundary line?
    So my understanding is that the fence is a boundary feature (so on the boundary) but it is the neighbour's responsibility for maintenance as he is the property on the left if you stand on the pavement looking at the house.

    Have you been specifically told the house on the left is responsible for that fence? - that is not a general rule.

    Fences can be central to the boundary, or put up by one neighbour on their own land.  The fence, and posts, are maybe 15cm thick in total (even more for hedges) - the boundary itself won't have that thickness.  The guttering could very well be over the boundary line, but it is worth checking it isn't the fence that is back from the boundary especially if for instance the guttering doesn't stick over by more than the fence posts.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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