Encroached or Not?

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.

He claims that gap has been there to enable him clean any falling debris on his side of the property and frankly I don't wish to have any debate with him on that particular subject, as I don't know the history behind it all, having only moved in to this property a couple of years ago.

hitman126

WIAWSNB said:

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. 

Concerned about rainfall overshooting my gutter? Wouldn't this then apply to millions of properties around the country where the use of such guttering are the norm?

Besides, isn't it ironic then that this concern would come from someone whose own roof has no guttering to control rainwater falling off his roof and causing damage to both properties?

Chief_of_Staffy

My broader advice is not to interact with him about it further, or indeed about anything. Don't allow it to turn into a big deal or it really will affect your house's value / saleability because you'll have to detail it on the TA6.

Jemma01

hitman126 said:

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.

He claims that gap has been there to enable him clean any falling debris on his side of the property and frankly I don't wish to have any debate with him on that particular subject, as I don't know the history behind it all, having only moved in to this property a couple of years ago.

I don't think that's just a claim, I have a tiny few inches gap between my property and my wall, and have no idea how to clean it (property built after the wall). His need to clean around his property is a normal requirement.

I'm sorry you're going through, you've clearly made efforts to be accommodating. I'm not sure who's mentioned it, but if the side of the gutter can be made higher to reduce likelihood of spilling, that might elevate some concern.

MeteredOut

hitman126 said:

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. 

Whilst not minimising his actions, he has/had every right to ensure your roof does not encroach over the boundary line. No such designs should ever have been put forward by your installers.

What I'm not quite getting is that this is a roof replacement, not a new conservatory/extension (the assumption being the footprint of the conservatory has not changed). With that in mind, what has changed with the roof that now stops your neighbour from clearing debris whereas he states he could before?

I must admit the lip on your gutter seems shallow, and angled in such a way that I expect heavy rain could end up against his wall, and I can see why he'd not want that to happen. Whereas, any major water runoff from his roof looks like it'll largely fall onto your roof/gutter, but a slower run could end up down your wall too.

hitman126

Chief_of_Staffy said:

My broader advice is not to interact with him about it further, or indeed about anything. Don't allow it to turn into a big deal or it really will affect your house's value / saleability because you'll have to detail it on the TA6.

You are 100% spot-on.
So, I initially contacted all of the following 5 key stakeholders for further advice on this matter, right after the installation:

1. The Conservatory Roof Installation company
2. HM Land Registry
3. Local Authority Planning Dept
4. Approved Building Inspector endorsed by the Local Authority Planning Dept
5. Solicitor firm who acted as conveyancers for our property purchase 

The overall feedback and recommendation was that if my neighbour had any cause for complaint, he'd initially have to make a submission to the Local Authority Planning Department. Thereafter, if the issue required further escalation, all appropriate options could be pursued by all parties, including the bringing in of a RICS Surveyor if needed.

I wrote him a letter to advise him of this and took the decision not to interact or engage with him on this matter any further and under any circumstances, until he proceeds to explore the suggested arbitration channels. In hindsight, I even wished I had taken this position from Day 1, rather than trying to achieve a joint resolution.     

WIAWSNB

hitman126 said:

WIAWSNB said:

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. 

Concerned about rainfall overshooting my gutter? Wouldn't this then apply to millions of properties around the country where the use of such guttering are the norm?

Besides, isn't it ironic then that this concern would come from someone whose own roof has no guttering to control rainwater falling off his roof and causing damage to both properties?

My comment was based purely on your photo, where it appears that the gutter may be set further in to your wall than normal? 
If I'm wrong, then great - ignore the guy.
But if water overshoots your gutter and hits his wall, anticipate action.
I'm sure there are easy solutions, such as attaching - solvent or screws - an additional raised edge on that outer lip.