How do I prevent my neighbour putting the gutter from his new building over my boundary?
He does not need planning permission because the council say he is in permmited build. His builder just turned up with a digger and dug out trenches tight to my boundary and refused to speak to me what can I do I cannot afford legal bills.
when my wife (whos had a stroke) took some one to look at it they pointed a camera at her she now feels imtimidated the police said ask them why they are taking photos?
Answers:
You do not specify what the building is, I am presuming it is an extension on their property. Any extension must meet building regulations. Just because they do not need planning permission doesn't mean you don't have have rights.... Speak to your local council and they will fill you in on what they must take into consideration when building next to someone elses property. If they have flaunted any rules, they might wish they had not ignored you when they are ordered to take it down.!! As for the photo's, follow the police advise. good luck...!
So you hate his gutters, eh?
He cant build anything that crosses onto any of your property..Get a court order against him.. Dont mind the intimidation, thats a sign that hes worried, photo's cant hurt so ignore them.. First tell him he cant do it , then write to him telling him to remove it if he does build it..Failing that take him to court..He can build a trench even if it is close to your property because its on his land,
Contact the local code enforcement department and ask them to come out. They will likely have the authority to review the situation and enforce any code violations. In almost every state there are laws and codes about the relocation of storm-water and run-off. Without knowing your exact location this is the best I can offer.
Tell him that any part of his property that intrudes on your property then you are legally entitled to remove it.. But be warned anything you do remove you are legally bound to hand back to him as it remains his property
If any portion of your neighbour's gutters overhang part of your property, write him a letter, pointing this out, send it by Recorded Delivery and use terminology like "I observe that a gutter, recently supplied, overhangs my property. I insist that this matter is resolved within 28 days, failing which I will take legal action, informing my Solicitors to seek a Court Order."
You have a right to take a photograph of the offending area, for evidential purposes. I wish I was there to help you!
Be careful of what you wish for. Yes, he may have to take down the gutters, but what will happen when it rains and there are no gutters?. You may get flooding.
For several years, my neighbour's gutter-fed drain pipe ran the length of his property, along the ground, but on my side of the boundary.
It is only in the last 3 months that something has been done, a) because we're friends and b) because no prior need existed.
My neighbour dug a trench (OK on my side), buried the pipe and cased it in concrete, but sufficiently deep enough for me to lay a driveway without interference.
No harm done!
Hind sight is a wonderful thing, but litigation is not always the last resort, nor should it be the first!
if the gutter is on your property, seal the end of the gutter so that all the water can't drain out and backs up on him
If the gutter encroaches on your property you are within your legal rights to have it removed. Make sure of your boundary line first though. Unfortunately you would have to go to court or get a solicitor to draw you up a letter demanding it be removed from your property. If you are prepared for some intimidation then I would say go ahead and do this if it is worrying you that much. It is your property and you are the legal owner, a neighbour does not have the right to build anything on or over your land without your permission. You could of course estimate the distance it is from the boundary line to the edge of the guttering and give him/her a bill for the price of that piece of territory. It's much like flying space over someone else's country, you can't do it without permission.
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