Semi detached property shared pipes.

[NaughtbutKeys]

Posting for traffic

I’m in a semi detached older ex local authority property in the uk. My neighbour has found out through trying to let out his property that the shared gutter is asbestos, as is the down pipe. I can see we need to work with him to replace the shared gutter but the down pipe is 100% on his property, although our roof water uses that down pipe. Am I legally or morally required to share the cost of replacing the down pipe as well? I can see we will probably have to to foster good relations but I’ve got 2 in university simultaneously right now and money is SO tight - I’m really going to struggle to find hundreds of pounds at the drop of a hat on someone else’s timetable. I could have done with some warning as he’s known for months (quote was made in December) and now he’s in a hurry to get tenants in. He’s a nice chap and I don’t want to cause aggro but the money just isn’t there right now and I’ll end up putting groceries for a couple of months on a credit card to pay the tradesman.

"...the down pipe is 100% on his property,"

In that case the down pipe belongs entirely to him and it's up to him to sort any repairs out.

Given that these are likely quite old properties then you will likely have gained the prescriptive right to discharge the rainwater onto his property. So he can't do anything to stop the water from your gutters going into the down pipe.
.

"...the shared gutter is asbestos"

I'm not too sure what you mean here, but any guttering that is on your property is your responsibility and any guttering on his property is his responsibility.

I imagine a situation where the whole guttering at the rear of the two properties is asbestos as well as the downpipe.

In this situation, I would suggest that you first consult a specialist company that deals with asbestos. Depending on what the guttering is like there may be no need to remove it at the moment (certainly not immediately).

When it comes to who pays. You are responsible for any work that you choose to do on your own property, he cannot force you to do any work on your own property. So, if you choose to do any work on your guttering then you will pay for that.

He is responsible for paying for any work done on his own guttering and the down pipe.

Hi - thanks for replying. There is one long gutter along the length of the whole roof, which feeds into a down pipe on his side. He’s had a proper quote done and has presented me with it and wants half. The gutter can’t be only replaced on his side so we would be stopping him doing it unless he pays for our side, which I’d feel queasy about even suggesting. I’d rather not pay for the downpipe if it’s not our responsibility and the timing of it is not good. It’s been there 90 years causing no problems but now it’s suddenly urgent that I find hundreds…

I think as best is is often only a problem when you start moving it. I’m not sure why it needs replaced atall tbh.

He’s convinced he can’t rent it out while it’s there. I don’t know where he’s got that information from though. It’s all so awkward - it’s waste water off the roof 🤷‍♀️ as long as his tenants don’t want to drill into it and take deep breaths I wouldn’t have cared.

"The gutter can’t be only replaced on his side..."

Oh, don't believe that. Guttering can be replaced on one half of a building only.

You are not required to pay for anything that you do not want to pay for. And you are not required to get your guttering changed either.

Your neighbour has a choice, either replace his guttering and down pipe while ensuring that your guttering still feeds through into the down pipe or, if he really claims that can't be done, then he in on the hook for paying for the whole thing himself.

As I said above, speak to a reputable company yourself, it may be that there is no urgency or necessity to replace your guttering at all.

If he wants to replace your guttering as well as his then he is going to have to pay for it himself.

You don't have to pay to replace your guttering because he wants to get tenants in! It's not your problem, tell him you can't afford it.

We had ours replaced and not the neighbours they just joined it. Of course he can just do his half

Blimey. Looks like I’m going to need big girl pants - he’s presented it as a fait accompli and told me when I have to pay up. If there’s a possibility it doesn’t need doing at all then I’m going to have to have a tricky conversation