Shared gutter problem - what are the rules?

truth2power

My 1960s terraced house is in a block of three - mine is the middle one.  There is a downpipe at the extreme ends of the shared guttering for the three houses so I do not have a downpipe.  There is a very large walnut tree in the garden of a house in the next road (about 15ft away from the left end house) - which causes a lot of leaves blowing into our communal garden - we also have moss and gritty concrete tiles on the roofs.  The second home owners on the right side of me have recently put 'hedgehog' gutter guards into the guttering of their house, front and back, without consulting either of us in the row.  They are tricky people and have always been difficult about sharing the cost of cleaning the gutters regularly, too.  I am concerned the bristles will cause a buildup of leaves and moss - a dam - where the gutter guard begins.  This could stop the flow of the water to the down pipe at the right side end and, if it cannot go down the pipe, it will come over the top of the guttering on my house.  I have been told this type of guard is ineffective and, as debris sticks in the bristles, we will have a big problem sooner or later.  What should I do about this?

grumbler

Well, without the 'hedgehog' ALL leaves flow to their gutter and to the downpipe and can block the latter. Instead of sharing the cost of cleaning the gutters regularly the other two houses can save money by protecting their gutters too - with the same brush (about £6/m) or plastic grid (£2/m).

Also, because of the slope, it's their gutter that is more likely to overflow if blocked, not yours.

DanDare999

grumbler said:

Well, without the 'hedgehog' ALL leaves flow to their gutter and to the downpipe and can block the latter. Instead of sharing the cost of cleaning the gutters regularly the other two houses can save money by protecting their gutters too - with the same brush (about £6/m) or plastic grid (£2/m).

Also, because of the slope, it's their gutter that is more likely to overflow if blocked, not yours.

Wouldn’t it be the case that if the hedgehog does cause a dam, nothing will enter the neighbours gutter?

grumbler

Yes, it would, but the dam would be on the other neighbour's side, caused by other neighbour's leaves, and the other neighbour can clean it. However, as I said, it's easier to take preventive measures.

DanDare999

grumbler said:

Yes, it would, but the dam would be on the other neighbour's side, caused by other neighbour's leaves, and the other neighbour can clean it. However, as I said, it's easier to take preventive measures.

If the OP is in the middle and draining into the neighbour with the hedgehog how?

grumbler

I don't understand the question. How what?

If their own leaves build a dam on their side, clean it.

Or speak to the third neighbour, who isn't 'tricky', and protect two remaining parts of the gutter and save money on cleaning it.

DanDare999

How the dam would be on the other neighbours side. Any dam and overflow is most likely to effect the OP.

grumbler

Ah, I see. Because of the slope, a small overflow will be on the boundary, but yes, a bigger one will be on the OP's side.

Bendy_House

truth2power said:

My 1960s terraced house is in a block of three - mine is the middle one.  There is a downpipe at the extreme ends of the shared guttering for the three houses so I do not have a downpipe.  There is a very large walnut tree in the garden of a house in the next road (about 15ft away from the left end house) - which causes a lot of leaves blowing into our communal garden - we also have moss and gritty concrete tiles on the roofs.  The second home owners on the right side of me have recently put 'hedgehog' gutter guards into the guttering of their house, front and back, without consulting either of us in the row.  They are tricky people and have always been difficult about sharing the cost of cleaning the gutters regularly, too.  I am concerned the bristles will cause a buildup of leaves and moss - a dam - where the gutter guard begins.  This could stop the flow of the water to the down pipe at the right side end and, if it cannot go down the pipe, it will come over the top of the guttering on my house.  I have been told this type of guard is ineffective and, as debris sticks in the bristles, we will have a big problem sooner or later.  What should I do about this?

Hi T2P.

The setup - three houses but only two DPs - is very typical, and is probably set in stone. Ie, no-one can change that to the detriment of another property, or they are liable. If it's 'always' been like that - if that is the way the terrace was built, or it's been like that 'for as long as folk can recall' - then an implied 'easement' (a right to have this setup maintained) has almost certainly been achieved.

So if, for example, one neighb removed a DP because they didn't like it, then you would be legally entitled to obtain that removed DP, file the end down, smear it with vaseline, and go pay that neighbour a nightime visit. Or 'force' them to reinstate it. If they didn't, then you'd have to get legal advice on their liability for any damage caused to your property by water not being able to drain away as it used to. And - if such damage occurred -  you could sue their bottom.

This situation is, however, different. This neighbour could quite rightly claim they are helping to prevent blockages by their action. I don't know how effective 'hedgehogs' are, but I'd suggest that if they are, then the obvious solution would be for the remaining two properties to also have them fitted.

IF that IS a 'solution', then I think you'd struggle to force any other one, such as them being obliged to remove theirs.

If, however, you can demonstrate that hedgehogs are cute but ineffective, or could even exacerbate the debris build-up & drainage problem - and I'm not sure how you'd do this - then you could possibly force them to remove it as it would adversely affect your property.

What does your other neighbour think?

Do you have LP on your insurance?

Do your deeds say anything about these joint responsibilities?