Overhang gutter

Pinnacleestates

Hi All, 
I need some clarification on the Overhang gutter situation:

1. I purchased the property on JUL 23, and it is a detached property. However, the distance boundary and the property start from 25cm and end at 23cm. My existing roof(gutter) is overhung to the other side(crossing the fence 10cm) the day the property was originally built; I believe it was 1930. The previous owner lived there for 40 years. Google Street Scene determined the old images from 2008. I change the new roof, such as new tile, Facia and gutter on JAN 24, 

2. Now the problem is that the neighbour keeps bugging me to change the gutter as it overhang; I spoke to my architect, Surveyor and Building control. All said, this was historically like this, and nothing can be done, and it's not harming your neighbour, although you are taking his air space. 

3. Now he is threatening to me that he will take legal action. I spoke to several solicitors, and all said he doesn't have a case here as I didn't change the structure (original building), and all I did was replace the old roof with a new roof. But I'll only know when legal action is taken by both ends.

4. Hence, I thought of discussing this in a forum where anyone comes across a similar situation and the outcome of it. All discussions in the forum are based on the new build.

5.NOTE: Both properties underwent a major development, and I have attached both before and after pictures of the old and new roofs.

 

FreeBear

Pinnacleestates said: 3. Now he is threatening to me that he will take legal action. I spoke to several solicitors, and all said he doesn't have a case here as I didn't change the structure (original building), and all I did was replace the old roof with a new roof. But I'll only know when legal action is taken by both ends.

"Legal action" could mean anything. At the cheapest level, a snotty solicitor's letter or two. At the other end of the scale, court action - Boundary disputes can get very expensive and don't always get the anticipated results.

Section62

Pinnacleestates said:

 ...

2. Now the problem is that the neighbour keeps bugging me to change the gutter as it overhang; I spoke to my architect, Surveyor and Building control. All said, this was historically like this, and nothing can be done, and it's not harming your neighbour, although you are taking his air space. 

3. Now he is threatening to me that he will take legal action. I spoke to several solicitors, and all said he doesn't have a case here as I didn't change the structure (original building), and all I did was replace the old roof with a new roof. But I'll only know when legal action is taken by both ends.

...

5.NOTE: Both properties underwent a major development, and I have attached both before and after pictures of the old and new roofs.

Have you extended the property at the rear as well as changing the main roof?  Are you sure the overhang the neighbour is complaining about is the main roof, rather than the one on the ground floor extension?  If it were me it would be the latter I might complain about.

Pinnacleestates

I extended the rear while ensuring the roof remains within my boundary. However, he seems to have an issue with the main roof. I can see that he’s making a pointless argument—just like when I built my fence. He made a big fuss, complaining to the council that it was too tall, but when enforcement checked in July 2024, they confirmed it was within the legal limit. Now, ironically, he has built a similarly tall fence on his side. Honestly, he's acting a bit irrational.

I just want to know if anyone in the portal has come across a similar situation for the main roof. 

TheGreenFrog

You and your neighbour are assuming that the gutter overhangs your neighbour's property.  There is the possibility that in fact it is the fence that encroaches on your property (as the fence was presumably put up after the properties were built).  

Pinnacleestates

Not me. He is demanding that it should not be like this after I change it, although it originally was. 

ThisIsWeird

Pinnacleestates said:

1. I purchased the property on JUL 23, and it is a detached property. However, the distance boundary and the property start from 25cm and end at 23cm. My existing roof(gutter) is overhung to the other side(crossing the fence 10cm) the day the property was originally built; I believe it was 1930. The previous owner lived there for 40 years. Google Street Scene determined the old images from 2008. I change the new roof, such as new tile, Facia and gutter on JAN 24, 

2. Now the problem is that the neighbour keeps bugging me to change the gutter as it overhang; I spoke to my architect, Surveyor and Building control. All said, this was historically like this, and nothing can be done, and it's not harming your neighbour, although you are taking his air space. 

3. Now he is threatening to me that he will take legal action. I spoke to several solicitors, and all said he doesn't have a case here as I didn't change the structure (original building), and all I did was replace the old roof with a new roof. But I'll only know when legal action is taken by both ends.

4. Hence, I thought of discussing this in a forum where anyone comes across a similar situation and the outcome of it. All discussions in the forum are based on the new build.

5.NOTE: Both properties underwent a major development, and I have attached both before and after pictures of the old and new roofs.

 

Your 'before' photo doesn't appear to include a downpipe coming down that corner? If it did - and if it showed a similarish dogleg to that in the 'after' shot - then that would even more strongly suggest that little of consequence has changed, and that any possible 'overhang' that may exist has always done so.

Even without that indicator, it would appear that your overhang is not unlike the original, and is certainly very similar to his.

When was that gateway and arch added? If not an original feature, built at the same time as the houses, then its end will always be vague and open to dispute. Boundaries are almost always flexible to some degree, and to try and prove where one lies to the inch - or 5 - is nigh-on impossible in most cases, unless an actual, still-existing, wall was always known to sit on or against it.

The situation you appear to have is that your new roof 'could' possibly overhang the 'boundary', but - if it does - then (a) the roof always did, and (b) there can only be an assumption of where this boundary does lie. Ie, your neighbour could almost certainly not come out, point at the ground, and know with any certainty that the true boundary is 'just there' - "see?" 

And, this 'overlap' is seemingly of no consequence to the neighbour; I presume they don't intend to extend out the side by that path width.

Q - do you have LegProt on your house insurance? If 'yes', allow yourself a chuckle. Even if your neighbour has this, there is no way on the planet that they will engage with him on this issue. So, he either has silly money to burn, or he is insane enough to pursue this with next-to-zero chance of winning anything.

Be reassured about what your architect, surveyor, Building Control Officer, and solicitors have said. (It would be nice if you had this in any writing, of course...)

If you have LP, then check the amount, and the next time your neighb speaks to you, just tell them that "Nothing of relevance to the boundary has actually changed, but if you feel you need to pursue this, then that's your call entirely - I will not be modifying my roof in any way whatsoever, and - by the way - I do have LP to the value of £50/100k, so I am personally not concerned at all about any wasteful action you may decide to take. You won't win."

If the guy is mad enough to begin legal action - and he'd have to do this from his own pockets, 'cos no way would his LegProt entertain taking this on - then your default move would probably to pass the matter on to your archi, who you were seemingly clever enough to employ. After all, if your roof overhang has increased by 'design', then they are responsible :-)

Almost certainly, tho', this is a damp squib.

Pinnacleestates

Thank you for the points ThisIsWeird. 

I have reviewed all your suggested points. As you mentioned, the arch-built wall belongs to my neighbor’s side, and my boundary starts from there. However, there is an approximate 25cm gap between my boundary and the original building.  

After consulting my architect, I confirmed that the house's structure and design remain unchanged, except for a 10cm encroachment beyond the boundary. According to the solicitor and survey report from my purchase in 2023, the house was originally built in 1930. My architect’s drawings accurately reflect both the existing and proposed elevations.  

The project has now been completed, and I have received a successful completion certificate from Building Control (BC). I also discussed this situation with multiple surveyors, BC officials, and architects, all of whom reassured me that there is no cause for concern since the building retains its original design and roof. Had I demolished and rebuilt it, I would have needed to ensure the roof stayed entirely within my boundary.  

As you pointed out, my neighbor is quite erratic yet pragmatic. He started his project before mine but has still not completed it. Each time he ran out of labor, I recommended builders and electricians, yet once his work was done, he revealed his true, ungrateful nature—an unusual character indeed.  

I have consulted with my legalprot, and they echoed the same. They reviewed the street view timeline and confirmed that there is no visible difference. Since I have complied with all regulations, followed the approved drawings, and satisfied the council’s requirements, they advised me to simply wait for him to raise the issue before responding accordingly.  

I have uploaded existing elevation

Came to this forum to see if any one come across similar situation for the existing building than a new built. 

ThisIsWeird

Sounds promising, Pinna.

The clincher would appear to be that your 'overhang' hasn't changed - it was always thus. And you can evidence this in numerous ways.

Your neighbour either believes it has encroached further during your work, or he is simply taking this opportunity to try and make some point.

Pleased you have LP, and pleased they concur. I'd just let it lie, and if the guy brings it up again, just repeat the mantra - 'It is the same as it has always been...'

FreeBear

ThisIsWeird said:

Pleased you have LP, and pleased they concur. I'd just let it lie, and if the guy brings it up again, just repeat the mantra - 'It is the same as it has always been..."

Just stop at that point. Saying "do what you need to" may just goad him in to further action.

Pinnacleestates

Thank you ThisIsWeird,