Neighbour's new side extension gutter/soffits overhanging over boundary into my drive

March 17, 2013 by Mrs Shafqat Sultan in forum Planning Forum

#292 Mrs Shafqat Sultan, 17 March 2013, 11:50

Please HELP!!! Last summer my neighbor built a side extension next to her existing garage right up to our boundary wall not parallel but at an angle. We had no objection as we assumed that in accordance with building & planning regulations the corner of her roof with the eaves, gutter/soffits would fall within her land. The plans didn't show that they would go over our boundary wall into our drive. We spoke to her but she dismissed the whole issue and became aggressive & said it was nothing to do with her & that we should deal with her builder as she has paid them for the project & received a stamped certificate for completion of her extension from the local council in Doncaster. We approached the council as to why the project was signed off as this was a breach of planning regulations. The council have also dismissed our concerns and say it is a civil matter now which we need to take up in court. We feel that we would not have inherited this problem but due to the negligence from the council at the time of inspection for signing the project off when it was clearly obvious and apparent that the overhang was not shown in the original plans. Are we correct in believing that all overhangs of gutter, eaves & soffits should fall within my neighbours owned land as she did not approach us for an easement. We peacefully lived in the property for 20 years & always maintained good neighborly relations with everyone. About 6 years ago we moved & rented this property out to a lovely family who have disability issues with (wife & 23 year old son). We were considering extending downstairs to acomodate our tenants needs but this will cause problems for us along with issues if her gutter gets blocked & rain water pooling in our drive, or her wanting access to clear the blockage. What do we need to do? We have been so stressed and all we want is for her to remove the overhang peacefully. Don't we have any rights? No one seems to want to take responsibility. If we knew this was going to happen, then we would have objected to the planning proposed. We consented in good faith assuming that everything would be built on her owned land. My husband & I would really appreciate your advise on this please. Will you email your response on my email address above?
Thank you for your precious time. Shaff Sultan

Reply to topic

All HTML, except <i>, <b>, <u> will require your topic to be moderated before it is publicly displayed.

Your Name:
Your Email Address:

Your Email Address will not be made public.
Topic Content:

Return to topic list | Return to forum list

The Partner Directory

Click on the logos below to find more about the services offered

Advertise here