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View Full Version : Where is my boudry? My wall or gutters?


andi77
Aug 8, 2008, 01:32 AM
I bought my property 4 years ago from the council, in Liverpool, UK. It is a semi detached house with front and back gardens. The to a joining houses on either side are still owned by the council.

I have just had an extension to the kitchen and side area. My neighbor is saying that my gutters hang over his property by 10 inches?

My deeds say that my boundary is half way between my end wall and his, which was measured at the back of the house which is wider than the front.

The builders say it is fine as long as the wall is build in the boundary then the gutters are OK to hang over as long as they are not in height way?

My first question would be that when I bought my propery and the deeds were drawn up and they measured from the 2 back side walls, would that measurement be the same all down the side of the property or would the gap have got smaller at the front?

My question would be is it a problem if my gutters hang over slightly on to next doors property? (were talking 10inhes for the first meter, after that it is all on our side.)

Thanks for any help you can give me.

JudyKayTee
Aug 8, 2008, 05:48 AM
I bought my property 4 years ago from the council, in Liverpool, UK. It is a semi detached house with front and back gardens. The 2 a joining houses on either side are still owned by the council.

I have just had an extension to the kitchen and side area. My neighbor is saying that my gutters hang over his property by 10 inches?

My deeds say that my boundary is half way between my end wall and his, which was measured at the back of the house which is wider than the front.

The builders say it is fine as long as the wall is build in the boundary then the gutters are ok to hang over as long as they are not in height way?

My first question would be that when i bought my propery and the deeds were drawn up and they measured from the 2 back side walls, would that measurement be the same all down the side of the property or would the gap have got smaller at the front?

My question would be is it a problem if my gutters hang over slightly on to next doors property? (were talking 10inhes for the first meter, after that it is all on our side.)

Thanks for any help you can give me.



Can only speak for the US but, yes, it's possible that the house is angled slightly or the property isn't exactly square and the measurement in the front and the measurement in the back differ.

And, yes, you are encroaching on your neighbor's property, your neighbor is unhappy, it could affect your ability to sell and his ability to sell (people don't like these encroachments). In the US you could be forced to remove the overhang - again, I don't know about the UK but I would believe so.

You basically can't put anything on/over property you don't own.

froggy7
Aug 8, 2008, 08:17 AM
I'm also a bit surprised that there isn't a set-back requirement. Any of the houses I've owned in the US has had a requirement that the structure be set back X feet from the property line. Now, in some spots that's an amazingly small distance, but it would stop this from happening.

Which gets to the next question: Was the addition permitted? I would think that the local codes would have mentioned it if it was.

ScottGem
Aug 8, 2008, 08:28 AM
I'm also a bit surprised that there isn't a set-back requirement.

You must never had experience with row housing. In urban areas, row housing is quite common. These are attached or semi attached homes that share a common wall or walls.

What I'm not getting here is how this happened. Assuming the extension is off the back, did the builder extend the roof line past the end wall boundary? If so, were there architects plans that said to do so? Someone goofed in the design or implementation.

I would go to the council and ask for a ruling or variance. If you don't get one, then you must either reach an agreement with the neighbor or remove the encroachment. If you have to remove, whoever was at fault in the design should pay for it.

froggy7
Aug 8, 2008, 11:30 AM
Well.. I have had to deal with row housing, but in that case there was also an HOA that wouldn't have allowed the extension in the first place. So it slipped my mind.

andi77
Aug 8, 2008, 02:48 PM
Thanks for your response guys! My neighbour does not own his property at the moment.
My extension is a one story and by law we did not have to apply for planning permission only building reg's. The building inspector has passed all the work but as I gather as its building regs and not planning then he has nothing to do with the boundrys lyed?

My builders insist that the boundary is the wall and not anything over handing? i.e. the gutter's?

To be honest, I thought the whole thing was being build on my my side, as when I measured the back, it was all on my side, including the gutters. Were talking the very front of the property about one meter set back and 10 inch over.

The extension is build 3meters out the back and 1 and half at the side.

Like I say my neighbour does not own his property, so therefore he has no deeds and I assume boundrys until he has bought his property. I guess I will have to get hold of the tittle deeds and see where the land lies? I really thought it was all on my side?
Kind regards Andrea x

andi77
Aug 8, 2008, 02:49 PM
To Froggy, what is a HOA? Thanks.

andi77
Aug 8, 2008, 02:56 PM
You must never had experience with row housing. In urban areas, row housing is quite common. These are attached or semi attached homes that share a common wall or walls.

What I'm not getting here is how this happened. Assuming the extention is off the back, did the builder extend the roof line past the end wall boundary? If so, were there architects plans that said to do so? Someone goofed in the design or implementation.

I would go to the council and ask for a ruling or variance. If you don't get one, then you must either reach an agreement withthe neighbor or remove the encroachment. If you have to remove, whoever was at fault in the design should pay for it.


Hi there, yes there was architect who designed the roof, the roof is not past the wall boundary at the back, just near the front (my other reply explains this better?) I guess the faceiers take up a bit up space along with gutters?

ScottGem
Aug 8, 2008, 04:24 PM
If your neighbor doesn't own the property, he has no say. I would still talk to the council.

A HOA is a home owners association. In the states, we have developments where all the owners agree to a set of rules for the use of the property.

andi77
Aug 9, 2008, 11:57 AM
Hi Scott, that information is very useful. I think my neighbour just likes to pick on things? He has actually gained a very nice side entrance, with a good looking wall and where he can move move his garden door to the front, creating more space. He has also gained a little more garden space and my builders are even giving him a new side floor? But he's still not happy.

But like you say as he does not own his property, then he has no say? Maybe I should remind him of that? Lol. Thanks

JudyKayTee
Aug 9, 2008, 12:06 PM
Well.. I have had to deal with row housing, but in that case there was also an HOA that wouldn't have allowed the extension in the first place. So it slipped my mind.


I'm not Froggy and I hope she doesn't mind but it's homeowners association -

froggy7
Aug 9, 2008, 12:32 PM
And to clarify further, a homeowner's association is a group that establishes rules for a particular community. They can be pretty benign (no junk left in the yard, etc.), to incredibly strict (any changes visible from the street must be presented to the landscape committee before they take place, and you can only use these three colors.) I have heard of one case where a homeowner painted their house dark brown, the HOA said it had to be redone, they painted it to a nice neutral beige, and then had to redo it because it was not the right shade of beige!