Party Wall Notice

[Feebs7]

Hi,

I've got a shared rainwater pipe with my neighbour. It's drains both our roofs, goes down our boundary wall line then drops over onto my property and drains in a gulley in my garden.

I want to do some garden work and want to extend the rainwater pipe and drop the gulley to a slightly lower level.

The neighbour has already interfered with the downpipe, by adding an outlet to it, so that he can take rainwater away from the roof and store it in his garden, when he wants to. He did this without my permission.

Is this a party wall matter? Or just to do with easements and can be dealt with as a separate legal matter?

Any advice much appreciated as I've got a really nasty neighbour who does not want me to make any improvements to my garden, that restrict his enjoyment - such as any noisy work.

Thanks!

"Is this a party wall matter?"

I would say no. The Party Wall Act only deals with actual structures such as walls, floors or ceilings.

From your description it appears that the pipe is jointly owned (or, at least, you are jointly responsible for maintaining it) in the upper part:

"It's drains both our roofs, goes down our boundary wall line"

But then at some point it is diverted so that it is entirely on your property:

"...then drops over onto my property and drains in a gulley in my garden."

The part of the pipe that is on your property is your responsibility. You can do what you like with it as long as you do not stop the water from your neighbour going into the gulley or otherwise being disposed of on your property.