Property

downpipe issue

Posted by: ftmpropper
19/09/07 at 2:48 pm

i live in the middle of a 5 house terrace my neighbours to my left share a downpipe from the guttering.the downpipe is on my house wall,in my garden as well as the drain that it goes ino.they are now getting a conservatory built and only by asking the lads doing it have i found out that they are going to branch into the downpipe from their conservatory.i paid for my guttering to be replaced a couple of years ago including the downpipe i asked if they wanted to share the cost and they didnt with this job i got a 25year  colouration guarntee which is voided if any work/or parts are used  which are not provided or fitted by the company. i have also had a conservatory fitted last month and because of this i couldnt branch inot the downpipe either.also if they did do this and in the future dampness occured where they plan on branching it i know that they would not get it sorted and it would be left to me. i have offered to branch from the underground drainage under the fence so they can also have a drain.if they refuse can i stop them cutting into the downpipe as it is on my property

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Re: downpipe issue

Posted by: Corinne Dias
24/09/07 at 12:41 pm

Hello,

I am a Solicitor at Rollingsons and note your concerns regarding the building of a Conservatory by your neighbour which will, in effect encroach on your land. 

In response, you should note that any building by your neighbour which encroaches or builds over your land, is illegal and as such you can take matters further through the Courts.  To do this you would need to instruct a Civil Litigation lawyer.  As you share the downpipe there may be a Deed of Easement to say that any repairs to it will have to be paid for by each party in equal shares.  You should check your title Deeds to see if such a document exists.  If so, you can consult your neighbour and ask that repairs and maintenance are paid for by both of you. 

 Alternatively you can consult a Surveyor and Property Solicitor to negotiate having the boundary wall of your property moved so that you both share ownership of the downpipe or the downpipe becomes the ownership of your neighbour and you would have an easement or right to use it.  In essence you need to advise your neighbour not to cut into your downpipe.

Please contact me if you wish to discuss your matter further on 0207 405 4022.

Corinne Dias

Solicitor