Easement Overhanging Guttering

Trees are sources of beauty as well as frequent sources of conflict between neighbors.

Easement overhanging guttering.

No overhanging eaves or services will be permitted within the easement however roof gutters may project into the easement. I can t help as have no expertise whatsoever but you are absolutely right to find out where you stand now rather than leaving it. A neighbor s tree can grow so that branches or roots encroach on your yard causing actual or potential. It is possible to acquire a right to drain rainwater through overhanging gutters.

Let them come up with claiming the easement after 20 years in place as a defence and if they do then you could deal with it. Easement of eaves means the right of the owners and occupiers for the time being of the dominant tenement to have eaves projecting or overhanging that portion of for example lot x marked w x y z on the plan and includes the right to enter in and upon the land for the purposes of repairing and maintaining such eaves at all times with or without workmen and making good any damage. About two years ago looking at the rear of my home i noticed my neighbours gutter downspout and siding extending approximately 1 foot past the centre line of our homes. I have owned this home since 2011.

Had it come up before we sold it would have held the sale up potentially for months. An easement is a legal instrument that gives someone rights to use another person s land in some specified way. In certain circumstances use of a neighbour s land can be acquired by right through long usage. An easement for support and maintenance of the zero lot line wall and any services along the side of the dwelling is to be provided on the adjoining property except where a 400mm side boundary setback is provided.

The people who bought our house are in massive dispute with neighbours over the tiniest variations in fence line and we are just trying to stay out of it. This is one of the last technicalities i have to solve before we submit drawings to the council. If you simply remove overhanging guttering provided you do not cut it and you repair the end there can be no criminal liability because there is no criminal damage. The secret gutter is a nice option because it also eliminates the need for overhanging roof eves so the net space lost is only 90mm plus you gain a cavity wall no no piers in the wall.

Overhanging eaves practical law uk standard clause 6 508 1936 approx. If the overhanging gutters have been in place for over 20 years then the owner may have acquired a prescriptive right for them to be there. Under the new land transfer act 2017 the terms around easements have been modernised but the fundamental principles around easements remain unchanged. The new terms emphasise.