Cut a long story short: in early 2018 my neighbour built their extension slightly over the general boundary line and installed an external gutter passing our garden abutting our flank wall underneath our eave. This was done without serving Line of Junction Party Wall notice and under our written objection (I suggested they install an internal gutter instead) before their roof and gutter was completed.
The dispute did not get resolved between us. In Sep 2018, we engaged an independent RICS surveyor, hoping for a joint boundary survey to share the findings and the cost. The surveyor’s offer was declined by the neighbour. So we had borne the full cost of the survey and the report was received in June 2019. I quote part of the conclusions from the report as follows:
It is therefore manifestly the case that the guttering attached to no 5's extension clearly over sails the line demarcated by the concrete edge.
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We therefore conclude that on this basis, any additional physical detailing such as eaves features I guttering has created a potential trespass. Visual evidence further backs this point up as the guttering directly abuts the flank wall of no.3's extension and therefore extends over the logical boundary line (the edge of the concrete drive continued in a straight line).
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Whilst this situation has undoubtedly been the cause of significant concern and contention for both neighbours: a logical and practical resolution is possible. We fully appreciate that had a boxed-gutter
solution been constructed (when name redacted highlighted her concerns about this issue in her email on 22nd Feb 2018) then this issue may have been more easily avoided. This is still an option but would now be much more costly to the owners of no5 to undertake. Another route forward could be to include an easement for no5 's guttering to over sail the land of no 3. Agreement for Lawyers fees to draw this up would need to be established in this instance.
In August 2019 we found out that at some point between May and August 2019 the neighbour cut down our metal wire fence on the boundary. Because we could not provide video evidence of the action itself, the police filed the incident as a crime of no lines of enquiry in November 2019.
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We are not willing to go easement route. After the neighbour cut down our fence we have been living in constant worry that they might further do something similar. What we want is their trespass gutter removed from our land and a definitive boundary line registered. We know little about easement and do not want to have any legal arrangement with the neighbour. The gutter was poorly installed, tilts towards our wall, (because of the small gap of 125mm), and leaks water.
We have written to the neighbour multiple times and copied part of the surveyor’s report to them. We told them if they do not agree with the surveyor’s conclusion they should arrange for their own independent survey. With the neighbour not responding to both, what should we do?
- If we go for ADR, is there a specific type of ADR best for our case? Who pays for ADR fee? Are we able to recover our fees for ADR in similar way like if we win a court case?
- If we direct apply for court injunction, will the court punish us because we haven’t tried ADR first? How do we apply for court injunction? Can we ask small claims court for injunction to remove trespass or it is another court? Do we need to engage a solicitor?
- Are we able to claim compensation from the neighbour for their damage to our fence? We have police reference number and photos showing the site before and after the incident.
Any advice direct or indirect is appreciated.
Many thanks!