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Extension with overhanging gutter

  • 17-08-2015 07:47PM
    #1
    vonny232
    Registered Users, Registered Users 2 Posts: 30 ✭


    Hi,
    My neighbour has just had a small extension built in the back garden which is butted up against my side fence.

    It is a semi-detached house.

    The extension size is within the regulations, and the actual wall is about 30cm from the boundary of the property (as indicated by white plastic beading which runs up the wall of the house) but now the roof has been put on (since last week) I can see that the roof tiles extend to within 1 inch of the boundary.

    This means once the guttering is installed, it will extend around 2 or 3 inches over into my property.

    I dont want to be a nuisance neighbour, but I am worried that such an overhang will cause me problems if I come to sell the property as the surveyor is bound to notice it.

    The builders are still there (they havent finished rendering the extension yet), so I am minded to go round tomorrow and tell them straight that I do not want any overhang at all.

    Can anyone advise me here?


Comments

  • #2
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,868 Mod ✭✭✭✭DOCARCH


    Firstly, your neighbour has no right to let their gutter overhang your property (if you do not want it to). This is a civil matter between you and your neighbour (i.e. in essence trespass), so, you can't really complain to you local authority about this...or more correctly, they cannot do anything about it.

    If builders are still there, I would simply suggest you call into your neighbour and politely/diplomatically tell them a) do they realise that their gutter is likely to overhang your property (they may not know this?), and, b) that you don't want it to! See what the reaction is to that (first).

    It will not really cause any major (legal) issues in the future (if you do allow the gutter to overhang), but, it may complicate matters if you (or any subsequent owners) want to extend your house.


  • #3
    hexosan
    Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭hexosan


    It's not trespass as trespass requires intent (i.e criminal intent to commit an offense)
    Otherwise the postman and anyone else calling to your property would be committing trespass.


  • #4
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,868 Mod ✭✭✭✭DOCARCH


    Not sure if you are trying to be smart, but, trespass has many meanings.


  • #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 42,177 Mod ✭✭✭✭Gumbo


    hexosan wrote: »
    It's not trespass as trespass requires intent (i.e criminal intent to commit an offense)
    Otherwise the postman and anyone else calling to your property would be committing trespass.

    Trespass, encroachment, over sailing the boundary, in this case, they all mean the same thing.

    OP, talk to the builders first thing in the morning and/or your neighbour.


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