Problem with neighbour's rainwater draining into my roof / gutter

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Problem with neighbour's rainwater draining into my roof / gutter

    Hi,

    I live in a freehold property that's part of a row of four terraced houses.
    These are purpose built from the early 2000s and I bought my property in 2014.

    The only property with a gutter / rainwater pipe is mine.
    This means that the rainwater of the other three properties drains onto my flat roof, causing constant issues with leaks and damage (which I have to pay to repair).

    Is there any way I can require my neighbours to install their own separate rainwater pipes / gutters?
    On the one hand, I feel there is no legal right for them to take advantage of my roof / pipes that I have to maintain etc.
    My roof is not designed to take the water from three other properties.

    On the other, it could be viewed as an easement, that's been in place for many years and so they can continue using it.

    What's the legal position in these types of situations?
    I doubt their deeds specifically allow this.

    Thank you.

    #2
    If the builder designed this terrace of houses with a common gutter that takes the rainwater from all four roofs and discharges it down a single drainpipe on the end property, it seems most probable that when each house was transferred to its new owner Section 62 Law of Property Act 1925 passed on each easement.
    62 General words implied in conveyances.

    (1) A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.

    (2) A conveyance of land, having houses or other buildings thereon, shall be deemed to include and shall by virtue of this Act operate to convey, with the land, houses, or other buildings, all outhouses, erections, fixtures, cellars, areas, courts, courtyards, cisterns, sewers, gutters, drains, ways, passages, lights, watercourses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, houses, or other buildings conveyed, or any of them, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to, the land, houses, or other buildings conveyed, or any of them, or any part thereof.

    Comment


      #3
      Thank you for the quick response.
      Agree, it's likely allowed that way as it was part of the original construction.

      Comment


        #4
        I've seen similar before, but is it just draining onto your roof across another sloped roof or is it a downpipe that just empties onto your flat roof. If it's the later you could extend the drain pipe / guttering across your roof to stop it hitting your flat roof and join into the down pipe.

        All the best,

        Comment


          #5
          One piece of detail that I forgot to mention, that may or may not change your view.
          There are two gutters in question here.

          The one on the roof is a "standard" size one, meaning it's a few centimetres wide.

          The one running along the back of our properties is a wider, "open" gutter, roughly 20cm wide,
          This is more of an issue, because of it size it unavoidably collects leaves, twigs and other debris, all of which floats into my rainwater pipe at the end of the row of houses.

          The wastepipe gets clogged up, the section of my sloping gutter overfills and it damages / leaks into the property.
          This happens regularly. Insurance will not cover it; I've checked.

          So, while fully accepting my neighbours' rights under section 62 of the Law of Property Act 1925, would I ever have any recourse to them if this keeps happening and it's costing me and becoming a nuisance?

          Or would I have to just keep cleaning their debris from my gutters and repair damage?

          I realise it's difficult to prove where the debris originated from, but the fact is there are three houses worth of "rubbish" draining into mine.
          If the gutter was covered or smaller it would not be such an issue, but its open design means it is.

          Thanks, again.

          Comment


            #6
            I'm not an expert but given that it was present when you bought the house I think it's unlikely you can do anything about it. I know some shared paths etc can be charged to all neighbours and they should contribute to the costs (depending on the deeds) but I think you may be hard pressed with gutters.

            If you can divert and prevent it covering your flat roof on your own property then that is maybe an option.

            I doubt you will get anywhere and probably not worth upsetting the neighbours over it, the only case is if one is causing a nusiance that could be rectified i.e. a weeping willow tree hanging into the gutter dropping leaves etc.

            Just my personal view

            All the best

            Comment


              #7
              Thanks for your reply

              Comment


                #8
                Hi,

                Have you considered using a Gutter Brush or filter in your own section?
                https://www.amazon.co.uk/Hedgehog-Gu...63419822&psc=1

                That way your 'property' gutter will not collect leaves but the leaves will collect in your neighbours gutter. Therefore it will be their responsibility to clear. I would explain to each neighbour what the issue is and explain the steps you are taking to prevent debris building up.

                Comment


                  #9
                  Start off by suggesting that you club together and get enough gutter brush to stop the whole run from clogging with leaves.

                  Your neighbour(s) will probably appreciate that more than just pushing the problem one up the line each time.

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X