Help!! dealing with trespass gutter, should I go for ADR or direct apply for court injunction?

Shebeepy

j2009 said:

It's never going to cause you a problem and you never know when you might need your neighbours onside. 

So the likely water damage to OP's wall from the incorrect and badly installed gutter is "never going to cause you a problem"? If you cba to read the whole thread/look at the pictures, your input is moot imo.

Bendy_House

And, if you were looking to buy the OP's property, would the fact of this trespass - with all it implies (a'ole neighbs, for instance) be off-putting at all?

It should be. Becuase they are.

j2009

Shebeepy said:

j2009 said:

It's never going to cause you a problem and you never know when you might need your neighbours onside. 

So the likely water damage to OP's wall from the incorrect and badly installed gutter is "never going to cause you a problem"? If you cba to read the whole thread/look at the pictures, your input is moot imo.

The gutter overhangs the OPs property - that doesn't mean it it incorrectly or badly installed from the perspective of its ability to catch watch running down the tiles and transfer that water to the drain. 

I'm trying to think of a realistic mechanism by which the water will run down the tiles into the gutter and then defy gravity and jump out of it and run down the OPs wall.... perhaps some kind of biblical storm but if that is the case I doubt a bit of water on the wall will be their biggest concern.

Even the more mundane blocked gutter scenario isn't any worse for the way the gutter is installed vs if it was 2-3 inches further away... after all if that gutter is getting blocked chances are the OPs gutter above it is too and will be overflowing. In fact in that instance having the neighbours lower gutter to catch the water will be of benefit.


Of course you're welcome to your opinion, just as we all are but I really see no problem with the gutter. It not installed wrongly or badly from a functional perspective and if I was buying the OPs house I wouldn't give it a moment's thought.

I would however be worried about the (avoidable) poor neighbourly relations that 3 years of pursuing this will have created and that would put me off buying the house.

Atomix

In the words of elsa... let it go, let it go, the gutter didnt bother me anyway...

Bendy_House

j2009 said:

Of course you're welcome to your opinion, just as we all are but I really see no problem with the gutter. It not installed wrongly or badly from a functional perspective and if I was buying the OPs house I wouldn't give it a moment's thought.

I think it's a lot more than an 'opinion'. It's taking the mick. And the neighb was told in good time to not do so. And they had an alternative, but that would have cost them more. That's the measure of this neighbour.

And, due to the lack of space, it has been installed badly - it is sloping more towards the OP's house, so overflows down their wall during heavy rain. And, if filled with leaves - which will be awkward to remove (and what are the chances of this delightful neighb doing this regularly anyway? - it'll overflow even more down the OP's wall. And, if leaves land on the gutter's edge - along that near-non-existent gap -  then there will be a permanent bridge of potential damp.

Almost certainly, the narrow gap and the poor installation will result in moss/algae forming around the gutter and down that wall.

I'd personally give that quite a few moments of thought if considering purchasing the house.

j2009

Bendy_House said:
it is sloping more towards the OP's house, so overflows down their wall during heavy rain. 

Really? You know the OP hasn't said that and the pictures don't show that right? That's why it's not a problem and the doom and gloom you describe won't happen.

But look, I'm happy to do as I suggested the OP should have done; I can see where this is headed and the outcome of further discussion is of no value to the OP, me or you. Respond if you see fit but please don't be disappointed when I don't.

[Deleted User]

Bendy_House said:

And, if you were looking to buy the OP's property, would the fact of this trespass - with all it implies (a'ole neighbs, for instance) be off-putting at all?

It should be. Becuase they are.

The OP will have to declare the dispute. Claims for diminished value are very difficult in the UK. It's a rubbish situation.

Bendy_House

j2009 said:

Bendy_House said:
it is sloping more towards the OP's house, so overflows down their wall during heavy rain. 

Really? You know the OP hasn't said that and the pictures don't show that right? That's why it's not a problem and the doom and gloom you describe won't happen.

"The gutter was poorly installed, tilts towards our wall, (because of the small gap of 125mm), and leaks water. "

Bendy_House

rigolith said:

Bendy_House said:

And, if you were looking to buy the OP's property, would the fact of this trespass - with all it implies (a'ole neighbs, for instance) be off-putting at all?

It should be. Becuase they are.

The OP will have to declare the dispute. Claims for diminished value are very difficult in the UK. It's a rubbish situation.

Indeed.

But it's a dispute already, regardless of the outcome. It'll need declaring, by both parties.

jjc9

The gutter IS badly installed. It HAS Been pouring water on our wall.