Encroached or Not?

hitman126 · 4 September at 10:44PM

I recently had my conservatory roof replaced at my semi-detached property. The work took place over a 3-day period. From the very first day, my neighbour stormed round to my place to give the installation engineers hell, alleging that the guttering around the conservatory they'd installed, had encroached unto his property by 30mm. He strongly pursued this claim during all 3 days of the installation and demanded the engineers make adjustments to ensure the plastic guttering did not encroach across the logical boundary and onto his property.

As much as myself and the installers felt that his claims were petty and even perhaps bourne out of some personal vendetta and resentment, the installers obliged and made several adjustments to the guttering until it was aligned just behind the logical boundary line between the two buildings which can be traced from the roof and all the way to the ground. Still, my neighbour wasn't content, wouldn't relent and continued to demand more adjustments from the installers, which they obliged.

I have attached a picture of the disputed boundary area which shows the red brickwork of my neighbour's property to the left and the roof and guttering of my conservatory to the right. From the image provided which is currently 'as-is', I'd be most grateful for any feedback advising whether or not my conservatory guttering has encroached on my neighbour's property. As far as I'm concerned, if the two properties were to be sliced apart by that visible logical line, the entire white, plastic guttering would be on my side, but happy to be advised further on this. Thanks.

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/zv/nahkaqtk015z.jpg

Brie · 4 September at 10:48PM

so they have a roof with no guttering that will be draining on to your property???

noitsnotme · 4 September at 11:24PM

Brie said:

so they have a roof with no guttering that will be draining on to your property???

I might be wrong but the neighbours looks like a flat roof. That edge probably has a lip to stop water draining on that side. It’s most likely draining to guttering on the side perpendicular to this edge.

Emmia · 5 September at 5:51AM

Is the concern really about possible gutter overflow and the risk of damp on your neighbours wall? How easy will it be to clean the gutters of leaves etc?

What kind of roof / gutters were there previously?

Boohoo · 5 September at 7:51AM

How tiny were the conservatory fitters?

Is the grey line running vertical the party wall dividing the property?

If yes it would seem that the guttering is level with this line and doesn't seem to be over hanging but hard to be exact as photo is at an angle..

WIAWSNB · 5 September at 7:52AM

Hi Hitman.
To try and answer your Q, it would appear to me that you have succeeded in keeping your gutter within your property - provided the boundary line shown is correct...
Is he disputing where the boundary line is?
Are you terraced or semi? What is the 'source' of that boundary line marker on the wall - is a shared chimney stack, or what?
If you are semi, you could reinforce the evidence if needed by, say, taking measurements from the presumably two symmetrical windows, to determine where the centre of your party wall is. But, man, this guy is bonkers...
Assuming that is the correct/accepted boundary line, the guy cannot have a chance of taking action against you. If he has Legal Protection, they surely will not take it on. If he digs into his own pocket, he'll have to contend with a sniggering, hand-rubbing solicitor.

WIAWSNB · 5 September at 7:57AM

Emmia said:

Is the concern really about possible gutter overflow and the risk of damp on your neighbours wall? How easy will it be to clean the gutters of leaves etc?

What kind of roof / gutters were there previously?

That's a good point, zooming in at the pic.
The gutter height, coupled with short extension, does suggest that heavy rainfall could overshoot that gutter.
In which case, he's right to be concerned.
You may possibly need a bespoke design, with a higher outer lip.

silvercar · 5 September at 8:00AM

How is anyone maintaining that gap. I foresee leaves and debris raising the ground level and causing damp to one or both of you.

Emmia · 5 September at 8:27AM

silvercar said:

How is anyone maintaining that gap. I foresee leaves and debris raising the ground level and causing damp to one or both of you.

I agree, on one level it probably would be better if that gap was covered in some way - but that would involve something joining the properties. I think I'd probably go round an try and have a chat to the neighbour about this.