Would you pay half for your neighbour's guttering repair and tree removal

noideapleasehelp

Thank you so much to all who have posted so quickly and thank for your support.  Yes, I think it a case of being between a rock and a hard place and paying hundreds as opposed to damage by tree and water costing potentially thousands longer-term.  As BigPhil suggested, although there is nothing in Deeds etc to say I am responsible for their down-pipe condition and repair, doing a google search after BigPhil's post, there seem to be lots of people hitting the same issue with neighbours when using their down-pipes.  Thank you the_lunatic_is_..., yes that is something I will investigate although small terrace and will affect how front looks.  "pipe to syphon water to the road": my down-pipe feeds into a pipe across the front garden which goes under the road, feeding rain water out from my property that way.  Neighbour seem to have appropriate "hole" in garden wall to do this but that piping is missing so just goes straight off the roof into their garden right by my front door.   theoretica setting a precedence may not work in their favour as their neighbour whose down-pipe they use, will now ask for contribution too.  Teapot, I'll look at the new wider guttering.   Thank you greenface2 ref getting money up front.  Behind your message is my gut feeling that I'm not dealing with friendly neighbours.  Getting quotes on their behalf is also a minefield as subjecttocontract has suggested.  Yes, they're saving money and hassle but also if they are this difficult, could well come back to me everytime/anytime just because they believe the work wasn't done properly.  I am getting appropriate quotes for them to approve first and am going to get something formally done in writing (probably solicitor) so that this doesn't happen.  Also discovered today that RICS have a scheme where you can consult a Surveyor for 30 minute free initial consultant to establish boundary issue (is the tree really their's?).  Hopefully, they'll view a couple of pictures and confirm.  Sorry, don't wish to upload pictures due to data privacy issues but yes, it's a big tree growing fast.  Likely that it's a seed from the Sycamores down the road that's blown-in and taken hold but in any case have contacted Council to confirm no Tree Preservation / Conservation area issues.  Also because of help you've given me, downloaded stuff from Land Registry for mine and neighbour and there's a covernant that says all fences and walls are joint responsibility.  Initially, I had offered to reinstate the brick wall and fences (which are collapsing) but I'm under no obligation to do so, and they've not replied about that so I'll withdraw that offer. 
I was stressing out yesterday, but all your posts have helped me clarify things on what I do next.  Dealing with a Mum with Alzheimer's, working full-time, trying to remortgage and this stuff just left me in a momentary tail-spin so thank you all for helping to alleviate the stress and point me in the right direction.  All the best to you all.   

bris

Sycamore trees are generally protected you cant just cut them down if they are healthy trees.

You can prune them to tidy them up but for removal you need permission.

Did you get the council involved? I assume they would want a risk assessment of the tree done before allowing it to be felled

marcia_

 Sycamore are not protected unless there is a TPO in place. Which of course you would need to check with the council. There is no blanket protection for sycamores 

Jonboy_1984

Out of curiosity what is the arrangement on the other side of the house? On ours and my parents terraced blocks each down pipe is shared but they alternate on which property they are sited.

This means each house gets one pipe to take responsibility for on their land….and if that is the case I would ask them to confirm if they will reciprocate the cost sharing when yours needs attentions

prowla

It seems like the new owners are taking the mickey.

marycanary

The defective downpipe/gutter is a Statutory Nuisance. Call your local council (it may be Environmental Health or Housing) tell them the situation and say you require action under the provisions of the Environmental Protection Act 1990, s79. Make sure you let them know the other house is rented and in poor condition.

https://www.legislation.gov.uk/ukpga/1990/43/section/79

The ability to respond will vary between councils. Due to cuts in council spending, and the difficulty in recruiting  qualified and experienced staff, they may say this area is low priority. If this is the case in your area, do not be put off, keep complaining. They have a duty to take action so have no choice. 

noideapleasehelp

Thanks to all who have recently replied.  marycanary thank you for your excellent post and the link, very useful information.   Jonboy, yes you are right.  Pretty much though-out the UK, all old traditional terrace houses like mine, have joint down-pipes but a single down-pipe on their property which they are totally responsible for.   prowla is right, new owners taking the mickey.  Once I get it sorted, I'll post back with outcome but I'm guessing it's going to be a month or two to resolve. Thank you again to all who have replied it really does help when you're stuck in such a situation.