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Shared gutter

10 replies

Applecart12 · 11/03/2024 18:28

I am in a semi-detached property and share a gutter with the neighbour next door. However we are not on speaking terms given that they have caused alot of issues in the past (with me having to appoint lawyers and surveyors and police).

Is there anyway to compel them to share the cost of these works?

As it is on a 4 storey building, scaffolding will need to be erected so the cost is c£700.

OP posts:
ComtesseDeSpair · 11/03/2024 18:56

What do your deeds say about shared facilities? Is the gutter actually shared? If so, and there is a joint responsibility (and liability) for maintenance and repair, then yes, you are entitled to ask for the costs to be split and can pursue it legally if necessary.

Applecart12 · 11/03/2024 19:01

Nothing in the deeds. Ive been told to write a letter but pretty sure they will just ignore me. Do I just go ahead and get the works done and then pursue with county court?

OP posts:
LittleGreenDragons · 11/03/2024 19:12

It all depends on who has responsibility for that gutter. You can't decide to do the work, find someone to do it, then take the neighbour to court for the bill without getting them to agree on everything. That's CF territory from you.

EDIT - If there is nothing on your deeds then what did your solicitor tell you/give paperwork about it when you bought the property?

sbplanet · 11/03/2024 19:43

How much will it cost to 'compel' them to contribute, if indeed they have to? We have a downpipe that is 'shared' by both houses of two semi's guttering. The down pipe is on our property, where is the downpipe/guttering on yours?

Teenangels · 11/03/2024 19:48

Applecart12 · 11/03/2024 19:01

Nothing in the deeds. Ive been told to write a letter but pretty sure they will just ignore me. Do I just go ahead and get the works done and then pursue with county court?

Pay the £700 and thank your lucky stars that you then do not have to waste another breath on them.

Is £350 really worth going to court and will probably cost you more and it’s CF to pay for it and then take them to court.

Would love to hear your neighbours side

Applecart12 · 11/03/2024 20:39

sbplanet · 11/03/2024 19:43

How much will it cost to 'compel' them to contribute, if indeed they have to? We have a downpipe that is 'shared' by both houses of two semi's guttering. The down pipe is on our property, where is the downpipe/guttering on yours?

Right bang in the middle.

OP posts:
Applecart12 · 11/03/2024 20:41

Teenangels · 11/03/2024 19:48

Pay the £700 and thank your lucky stars that you then do not have to waste another breath on them.

Is £350 really worth going to court and will probably cost you more and it’s CF to pay for it and then take them to court.

Would love to hear your neighbours side

Solicitor, party wall surveyor, police and council have always been on my side. The last time solicitor was involved they had to pay my costs £3.5K

OP posts:
sbplanet · 11/03/2024 20:52

Applecart12 · 11/03/2024 20:39

Right bang in the middle.

Odd. But anyway the choice is yours. But if it's 50-50 don't you both need to agree to the work?

Applecart12 · 11/03/2024 22:59

sbplanet · 11/03/2024 20:52

Odd. But anyway the choice is yours. But if it's 50-50 don't you both need to agree to the work?

Yes that is the issue I have - I need their agreement - meanwhile I have water ingress through that front wall

OP posts:
sbplanet · 11/03/2024 23:07

Applecart12 · 11/03/2024 22:59

Yes that is the issue I have - I need their agreement - meanwhile I have water ingress through that front wall

You were talking about getting them to share costs, not agree to the work. Well why not pay the money, it'll likely cost you less in the end won't it?

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