Neighbour's overhanging gutter blocking extension

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RuthS

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Our next door neighbours built a side extension about 7 years ago. Their new guttering hangs over our garden. They didn't seek our permission for this at the time, and we didn't really notice what they had done, as most of it is over our sheds / in our bushes. However, we are now about to start construction on our own extension. These neighbours appealed our plans to Bord Pleanala, but got nowhere. They have refused to even speak to us since - even running away and slamming their door at one stage recently - despite us having had a good relationship in the past.What do we do? We haven't even been able to point out that we need their gutters removed. We just want to get on with building to our own plans without delay. Any advice / previous experience would be very helpful.
 
Seems an extreme adverse reaction to seeking planning permission. Whats their problem with it?
 
If you've done your best to talk with them, there's not much more you can do.

It's not clear from your post whether you would need to remove their gutterings to proceed yourself, but assuming you can do so anyway in such a way as to prevent any long term deterioration to their property, why not just crack on with your own work?
 
God - I wish I did know what their problem was!The thing is yes - we do need their gutters to be physically removed, as they are actually in the way for us. If they don't / won't do this, can we just go ahead and take them down? Much like you could do with an overhanging branch?
 
ask them from an insurance point of view,if someone gets injured because of part of there property overhanging your property are they covered,i'm sure they would get the drift.
 
Do you have an architect, it makes it much easier to deal with troublesome neighbours if you can tell them your architect has forced you to do something they don't like - makes it less personal!

People can take building objections very personally - they prob feel like world war 3 is raging between you just because they objected but you seem much more pragmatic about it. Maybe if you wrote them a note explaining the situation and being nice about it first it might break the ice? If they still won't talk to you then maybe they'll talk to the architect.
 
If they are been so rude ask them to remove their over hanging gutter, ie get a solicitor to do it, they are annoyed more likely for other reasons I'm thinking and this is their way to have a moan at you, you could post in a letter stating that you would be in the right to get them to remove their guttering that is on your property, some people need to be taught a lesson and I think your neighbours are those onees.
 
Tread carefully. While they may have had no right at the time to hang their gutters over you garden, there is a point after which your acquiescence effectively equates to permission. I think the period is 10 years, si it may not apply in your case, but may want to check this with a solicitor.

If there's one browsing this site, perhaps they could offer an opinion.
 
Thanks for the advice. I think we'll have to write to them, as they won't come to the door or return phonecalls. And we don't want them to "gain rights" or whatever if we just let them leave their gutter there, dripping onto our garden, or dripping into any narrow gulley space which would be left if we did shift our own extension in by a foot or two (which we don't want to do).
 
If you do remove their guttering then all the runoff from their roof will pour down onto your property.

z
 
sounds to me like they're your gutters, the gutters are on your property
so I would imagne you could just take your gutters down!! You might
start by contacting the building control section of your local authority
and take it from there, or cut to the chase and get a soilicitor with
relevant experience to send them a letter.
 
Gutters should never be allowed to overhang a party wall. We objected to an extension beside us on that basis and that was the end of the neighbourly relations. Once they over hang the responibility to maintain them becomes yours.
As I see it the best solution -seems as both of you will need guttering-is to share a common (new) gutter. It would be like a central trough between the two extensions. However under no account should you have to pay for its construction in its entirety. If this is not possible then incorporate a seperate futter into your tiled roof.
Best of luck with the neighbours-we dont speak to the people next door as they were arrogant and underhanded in all aspects of their dealings with us.
 
The must have their gutters overhanging for 12 years to gain that amount of property by adverse possession.
They are not legally entitled to be doing what they are doing.

Since your soft approach appears to have failed, I imagine the best thing to do is to inform your solicitor who should be able to write them a letter to remove their gutters from your property.
 
Also it you tried to sell your house or they tried selling their's it could cause issue's for a future buyer, I built extension and brickie started build which have ameant same over hanging gutter see other posts from dodo, but a friend advised me to take down 2 layers that brickie had had started and to us a parapit wall which I did. I get on great with neighbour but unless I got something legal drawn up to say gutter was ok on neighbours land I was advised to use parapit as neighbours do fall out and it could come back to haunt me if we just agreed on it with nothing on wriring, how do u know that your neighbour protested about your extension and if they did why did you not just get solicitor to say for them to remove gutter and revenge
 
Interesting to take close note of those posts - for the fact that our next door neighbour has obtained planning permission to have a two-storey extension erected along the full width of the back of their house from our boundary/party wall. They had given us, for info, copy of the plans which had us quite concerned, as the height of the extension will inevitably block off the natural/sunlight in the morning/early afternoon, as the rear of both of our semi-detched houses are south-facing.
We have a small extension off the kitchen for the dining-area, leaving some space between 'our' extension and the boundary wall. When the next-door starts on building of their extension, the builders would have to gain access to our space to install scaffodling for brick-laying, masonry painting, etc. Will they have to ask us for permission to allow such works to take place? What happens if the builders could make mess in our garden and to the plasterwork on our walls etc? Another thing - the builders would have problem with installing scaffolding on our side of the boundary wall, as our boiler-house and oil-tank would be in the way. If that is the case, we would consider of negotiating with the builders (engaged by the next-door neigbour) to knock down the boiler-house and move the burner and oil-tank to the end of our garden free of charge, providing a bit more space for our patio. Would that be feasible? We haven't discussed all that with the next-door neighbours (as they're youngish, starting a family and keeping to themselves, and ourselves in the 50s, and don't wish to fall out with them..!)

allendog
 
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allendog said:
Interesting to take close note of those posts - for the fact that our next door neighbour has obtained planning permission to have a two-storey extension erected along the full width of the back of their house from our boundary/party wall. They had given us, for info, copy of the plans which had us quite concerned, as the height of the extension will inevitably block off the natural/sunlight in the morning/early afternoon, as the rear of both of our semi-detched houses are south-facing.
We have a small extension off the kitchen for the dining-area, leaving some space between 'our' extension and the boundary wall. When the next-door starts on building of their extension, the builders would have to gain access to our space to install scaffodling for brick-laying, masonry painting, etc. Will they have to ask us for permission to allow such works to take place? What happens if the builders could make mess in our garden and to the plasterwork on our walls etc? Another thing - the builders would have problem with installing scaffolding on our side of the boundary wall, as our boiler-house and oil-tank would be in the way. If that is the case, we would consider of negotiating with the builders (engaged by the next-door neigbour) to knock down the boiler-house and move the burner and oil-tank to the end of our garden free of charge, providing a bit more space for our patio. Would that be feasible? We haven't discussed all that with the next-door neighbours (as they're youngish, starting a family and keeping to themselves, and ourselves in the 50s, and don't wish to fall out with them..!)

allendog
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First thing is if it really does effect sunlight in your garden, then have a word with them about it: they've behaved correctly in speaking to you, so I'd take the freindly approach first. If they don't compromise, then say you'd prefer to get third party to decide, and let them know you're planning on making an observation to the council (the correct term for planning "objections"). Keep in mind though that there's a good chance they will fall out with you if you take this step: you have to decide (a) how likely this is and (b) is it better to fall out over than then fall out when they cast a shadow over your garden.

Keep any observation short and to the direct point (overshadowing): avoid any personal comments. Even a single sentence should be enough.

As for access, there's no question: they cannot access any of your garden to do any work without prior permission. I'd make any such permission (assuming you agree to it) conditional on them agreeing to re-instate your garden to its present condition. This they should expect, and is reasonable.

One final point is that there's a good chance the council would refuse permission in any case if the overshadowing is bad, but don't rely on them to do this: make sure it's pointed out. Keep in mind if you don't make the observation to the original application, you cannot apeal the decision if they get the permission.
 
I agree that a shared / common gutter would be the best solution, but they won't even talk to us, so they have no idea (yet) that we have a problem, let alone that they need to get involved (and help pay for!!!) the solution.Anyway, I saw a solicitor yesterday, so it looks like this'll have to go legal, unfortunately.I hope it doesn't take too long to resolve.
 
RuthS said:
I agree that a shared / common gutter would be the best solution, but they won't even talk to us, so they have no idea (yet) that we have a problem, let alone that they need to get involved (and help pay for!!!) the solution.Anyway, I saw a solicitor yesterday, so it looks like this'll have to go legal, unfortunately.I hope it doesn't take too long to resolve.
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Hi RuthS, how did you get on with this? My sister had a similar problem but worked it out with neighbours to everyone's satisfaction.
 
I'm in a detatched house built c 1981 and there is only 90cms between each house so every house has their neighbour's roof overhanging their property. The Deeds state this fact and that the roof may overhang by a maximum of 18" inches. We have planning for a 2 story extension and attic conversion which will require us to have a new roof fitted and obviously need access to our roof on the neighbour's side. i.e. My roof overhangs my neighbour's side passageway. Not sure what problems we may encounter. Any body had any similar experience?
 
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