Neighbour's gutters overhang our property. How long before they can claim any rights?

[miljee]

2 points- this issue was touched upon in early July re an impinging fence and secondly, it's actually my aged mother's property.

Her nice newish neighbours put up a huge extension about a year ago. Mum gave them permission to site scaffolding on her property to do it. All home and hosed now BUT the guttering overhangs mum's property most of its 12' length at 8' height. It can't be moved in at all so the only 'option', removing it entirely, would cause a roof's worth of rain to cascade onto mum's (new) wooden fence. THEN, 6 months ago it was necessary for us to replace some wooden fencing a little further down the garden. 6' high panels, concreted posts. The wife dropped around in a friendly manner just to make mum aware that she felt the new fence impinged on her property by 'a couple of inches' at one point, and that the line of it wasn't straight (there's nowhere you can stand and assess this free of buildings or mature vegetation!). She just wanted to 'point it out'. She didn't ask mum to do anything about it, but the issue of their overhanging gutter has never been raised by either party. Now, mum is 'live and let live' about it all. Fine, but, to call a spade a spade, it won't be THAT long before it becomes MY problem if you see what I mean. I'm keen to avoid the spectre of a prospective buyer raising the issue and, god knows, maybe crash the sale as a result.

Anybody know what we can do? I know number one is to get the boundary surveyed, number 2 is to write them a letter BUT I know mum won't agree to that as in 'rocking the boat' which is fair enough but I want to know how long we have before the neighbours can claim an easement on mum's land if we don't officially do anything?

that this would even be crossing your mind...

Why? What do you mean? That by taking a small, expedient step right now I might be saving myself and my siblings from nasty, expensive legal strife some time down the track should seem so shocking?

I envy you that you've never come across the type of aggro that can ensue when people have failed to take such care.

eh ?

I can see this type of issue coming up on our elderly neighbour's property wrt the boundary between our houses in a few years time. Nothing wrong with knowing the position.

I agree. I can't help as have no expertise whatsoever but you are absolutely right to find out where you stand now rather than leaving it. The people who bought our house are in massive dispute with neighbours over the tiniest variations in fence line and we are just trying to stay out of it. Had it come up before we sold it would have held the sale up potentially for months.

As far as the fenceline goes, my understanding is that the definitive record is where the land registry records show it as being - so there would be no harm in getting those (small fee - ~£3, I think) and checking them for a start.

Yes, I think looking into it now would seem the wisest course. I hasten to add my mother fully understands the position but naturally doesn't want any hassle or difficulty with neighbours who have been pretty much OK to date (though can you tell I was rather riled by the wife's 'just to let you know' ie DON'T DO IT AGAIN re the fence line when they've got an immoveable architectural feature overhanging mum's garden!) so I don't expect mum to have to do anything 'official' at this stage providing there are no stringent or immediate time constraints involved.

so does the overhanging gutter affect your mother in anyway?

and what does the neighbour's religion ahve to do with anything?

pmsl I read it as 'nice Jewish neighbours' ignore me I'm stupid and pregnant!

From what I can recall about land law, rain from neighbours' gutters is allowed to run down the neighbouring roofs (this is where the saying eavesdrop comes from). Personally I'd take advice from a solicitor about the fence and check the LR entry. There have been cases where neighbours have tried suing each other for 'rent' going back years for strips of land where fences have been incorrectly sited.

eh? where did she mention religion???

ah, x post!

you confused the heck out of me!

I'm still laughing at my stupid mistake.

get it sorted- my landlord ahs this sisue now, its in court and the Brrister has said they'll win but its so exensivce, in the menatime neighbour has said F You and erected a balcomy in contravention of planning law that means they can see directly into my son's bedroom, he being AS has had a mini breakdown and is now at Mum's for a few days as it was upsetting him so much (well who want to bestared at all day? he likes the privacy of his room. It may lose them us as tenants if not sorted, you are right to be worried.

CAb would be first step, I would think

even if the gutters only come up to the edge of your Mum's property you also need to clarify how they will access them to do routine maintenance - they don't (I don't think, not sure) have an automatic right of access to your Mum's proprty to do this

Hmm, IIRC they have a right of access with appropriate notice (our neighbour has an injunction to rpevent her now, after she dropped glass sahrds where the boys play)

Wise idea to get it sorted up soon rather than later. We have a cable (internet, cable, no idea) that runs along the edge of our front garden 5 cm away of the border. There was a metal bar marking where our property finished but the previous neighbours removed it to put a wooden fence along which our plants grow. New neighbours removed the fence, asumed the plants were the end of our property and dug out the cable as it was on "their" side. I was really annoyed but didn't say anything. Then, we had a fence that belonged to their house fell into ours, and they asked us when we were planning to replace it! So now things are clearer, although we have missed a couple of inches to their new rail in the front garden.