Encroached or Not?

Bigphil1474

Doesn't look like a conservatory roof any more, so I can understand your neighbours concern. Looks more like an extension. AIUI, you would need to be a couple of inches inside the boundary for an extension. I could be wrong. The gap would concern me, but I guess that you've both caused that problem.

hitman126

Brie said:

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

Indeed, no guttering at all.

hitman126

bobster2 said:

Is the red brickwork part of the extension that you objected to in 2024?

https://forums.moneysavingexpert.com/discussion/6501282/seeking-to-challenge-neighbours-proposed-garage-conversion

Not at all. That was an entirely different property and issue.

hitman126

YBR said:

As this was a replacement, how does it compare to the previous arrangement?

I'd say near identical.

hitman126

WIAWSNB said:

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.

Hello WIAWSNB, you took all the words right out of my mouth!!
You've made so many excellent points and queries which I'll reply to shortly and during the day. Got so much to say in response to the great observations and points you've made, but work beckons and so I'll have to pause for now and come back later.

hitman126

Boohoo said:

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..

Boohoo, you're spot-on. The grey line running vertically along the party wall serves as the boundary line between the two properties which are semi-detached by the way. The conservatory roof company's installers ensured that my white guttering was fully in line with this grey line.

hitman126

Emmia said:

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.

Well, the neighbour claims that gap between his brickwork extension and my conservatory is in place to enable him clear any debris that drops to the ground.

Now, I have no knowledge of all of this history between the two properties as I only bought mine just a couple of years ago in 2023 and the neighbours have lived in their property for decades.

hitman126

Brie said:

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

That section of their roof is flat and yes, has no guttering running along the edge.

hitman126

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?

His concern was solely that my guttering was overhanging his property allegedly by 30mm and this would cause difficulties for him if he sought to sell the property in future.

On a personal level, I viewed approximately 100 properties before finally settling on purchasing this property a couple of years ago and believe me, after all the pain and effort of driving for days and months viewing all those many properties which weren't suitable for one reason or the other, the absolute last thing that would have put me off buying a property that "ticked all the boxes" for me and my family would have been my observation of a piece of plastic guttering from the next door neighbour's property overhanging the property I was seeking to buy by 30mm. I'd have found it rather insignificant and petty in the grand scheme of things, but hey, each to themselves.

In any case, after giving the conservatory roof installers so much hell over this matter, they accommodated his demands on every occasion and eventually managed to adjust the guttering and keep it just on my side of the boundary line dividing the two properties, as depicted in the picture. He still feels aggrieved, but in all honesty, I'm very inclined to believe his behaviour is all down to some other hidden agenda. 

WIAWSNB

hitman126 said:

Brie said:

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

That section of their roof is flat and yes, has no guttering running along the edge.

I'd assumed that their roof would have a raised fillet along that edge, and/or be sloping down towards the rear garden. 

Are you saying that theirs is a 'completely' flat roof that drains over that boundary edge?