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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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    • CommentAuthorowlman
    • CommentTimeJan 17th 2016
     
    Whilst doing some maintenance on my outbuildings which sits slightly off the boundary, I noticed a rainwater downpipe disappearing into the ground, lord knows to where.
    Sometime in the past, a previous neighbour had planted a leylandii, ( now gone but with the 500mm stump remaining), right next to where the pipe disappears.
    Not unnaturally the downpipe is blocked causing rainwater damage to the single skin blockwork outbuilding, above DPC.

    Q.1. Can I demand access to grind/remove the stump and sort out the drain, if it exists. There's potential for plenty of damage to the neighbours garden here.

    Q.2. Or, is my neighbour responsible?

    Q.3. Another, maybe better, solution may be to replace the whole 20M of guttering and redirect the outfall back onto my property. Do I have a legal right of access to do this?

    I am on speaking terms with my neighbour, and I'm hoping we can work something out, but I'd like to know my rights.

    Any advice gratefully received.
    •  
      CommentAuthornigel
    • CommentTimeJan 17th 2016
     
    You may have acquired an easement, or right to drain into his land.

    He would not be responsible for maintaining it but you would have a right to access to carry out maintenance.
    You would first have to establish the right has been freely exercised for 20 years.

    You also have a right to carry out maintenance on your property from your neighbours land and can apply for a court order to allow you to do this if they do not grant reasonable access.

    The cheapest and easiest way is going to be redirect the outflow towards your own land.

    If you are on speaking terms I would have a chat with the neighbour.
    •  
      CommentAuthordjh
    • CommentTimeJan 18th 2016
     
    I think roots are like branches. You can cut off any of your neighbours that are on your land and technically have to return them to him, since they're his property (all assuming no TPO of course).

    I don't know of anything that requires him to dig up a stump, although it's good practice. As Nigel says you can maintain your property after giving him notice that you need access, but I don't suppose that gives you any right to dig up a stump on his land either.

    In other words, I think you need to talk to the neighbour and see what can be agreed.
    • CommentAuthorowlman
    • CommentTimeJan 18th 2016
     
    Thanks guys, it's a knotty problem as the actual boundary is behind my buildings by about 2' but very difficult to access. Effectively the majority of the length of the building has been partially used by my neighbour for under eaves storage since no fence exists, and is in danger of being " de facto lost" to me for it's original purpose of maintenance strip.
    • CommentAuthorMike1
    • CommentTimeJan 18th 2016 edited
     
    I'm no lawyer, but (if you're in England or Wales, and if the pipe drains onto your land or if you had an easement) there is chance that your neighbour might be responsible for rectifying any damage under the principle of Rylands v Fletcher:

    "the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape" - in this case it would be the leylandii that was brought onto the land, and the roots that escaped, causing damage to your property.

    The change in neighbour probably complicates matters, [edit - and the non-natural use condition imposed by the House of Lords probably invalidates it anyway] but it's a principle that's worth knowing about...

    More: https://en.wikipedia.org/wiki/Rylands_v_Fletcher
    • CommentAuthorTriassic
    • CommentTimeJan 19th 2016
     
    I'd be politely reminding your neighbour that his stuff stored under your eaves is on your land and that if either party sell you would expect the stuff to be removed and the boundary re established.
    • CommentAuthorskyewright
    • CommentTimeJan 19th 2016
     
    IANAL and even if correct not sure if the precedent would apply to rain water drainage but many years ago when I was briefly involved in land drainage I was told that a property that was downstream needed to ensure that drainage from upstream was not hampered. Could blocking of a rainwater drain be seen in this light?

    Talking nicely to the neighbour, both about the drainage and the encroachment, seems like the best idea. If it can all be dealt with amicably, everyone's happy. :smile:
    • CommentAuthorCWatters
    • CommentTimeJan 19th 2016 edited
     
    Google "Access to Neighbouring Land Act 1992".

    The Act give you some right of access for maintenance purposes BUT not for the purposes of new building...

    http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html

    "The basic interpretation of the law here is that the work must relate to the ‘preservation’ of an existing structure as opposed to granting permission to gain access to a neighbour’s land in order to make it easier to construct a new development, such as a new conservatory or extension."
    • CommentAuthordb8000
    • CommentTimeJan 19th 2016
     
    Your property's deeds (and those of the neighbour) trump any acquired rights (prescription) so check those first.

    If you have a right to have a drain through the neighbour's land then in the absence of words to the contrary that right has an implied ancillary right to access for maintenance.

    I doubt your neighbour will have any obligation unless the deeds say. As a previous neighbour was responsible for panting the tree I doubt any liability will attach to current neighbour for damage.

    As the tree's dead, no problems with digging up riots on your side.

    Cheers
    Dave
    • CommentAuthorringi
    • CommentTimeJan 20th 2016
     
    Check if your building insurance covers it, most cover drains damaged by roots.
    •  
      CommentAuthordjh
    • CommentTimeJan 20th 2016
     
    Posted By: ringiCheck if your building insurance covers it, most cover drains damaged by roots.

    But renewal quotes may go up if you declare root damage is a problem for your house ...
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