Can a Neighbours guttering overhang my property?

Legally speaking, you own the airspace above your land, thus your neighbours guttering should not overhang on your property and they are trespassing.

Can a Neighbours garage roof overhangs my property?

Your neighbour’s overhanging roof is a simple matter of encroachment. If your neighbour refuses to cut their roof back so that it is within their boundary your only option would be to take them to court although there is a possibility that the courts will say that 3 inches is too small a trespass to make a ruling on.

How much should a gutter overhang?

A safe distance between the gutter and the roof edge should be between 2 to 3 inches. If the gutter distance is more than 3 inches, the rain will run off the roof and won’t drain properly.

Do I have to let a neighbor drain his roof water into my down pipe?

To reduce the risk of flooding to neighbouring properties, the law requires that you: Keep your drains clear in your property and to ensure that you do not drain water into your neighbour’s property or foul drain. No – You are not allowed to channel roof water through a down pipe on to your neighbour’s property.)

Can Neighbours shed overhanging boundary?

By law you are entitled to trim any overhanging leaves and branches up to the boundary line, but since the debris remains the property of your neighbour, you can’t get rid of it without their say so.

How close can an extension be to the boundary?

Single story extensions to the side of your property to be no more than four meters in height and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.

How far should gutters be from house?

Gutters should drain water to at least 4-6 feet but preferably 10 feet away from the house. Ensure you connect the gutter securely to the eave of the roof. Additionally, each downspout should drain a maximum of 35 feet of gutter.

Should gutters hang below fascia?

“Gutters should be placed below the extended roof line so that snow and ice can slide clear. Steeper pitches require less clearance.” Gutter should be spaced at maximum of 36″ on center. In areas where ice and snow are long lasting, hanger spacing should be reduced to 18″ on center.

Can my Neighbour block my guttering?

It is a well established principle that you own the airspace above your land, so if your neighbour’s gutters overhang your land then they may be a trespass, even if you cannot reach them or they don’t interfere with the day to day use of your land.

Do you have a right to overhanging gutters on your property?

The deeds to the house may specifically provide a right for them to be there; 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. In certain circumstances, use of a neighbour’s land can be acquired by right through long usage.

Can I build a gutter on my boundary?

If you are building a new extension or property very close to or on the boundary, you need to consider whether you have you left room for any guttering, etc. A word of caution is necessary here, however: a gutter overhanging many feet up in the air may be considered by the court as a trivial trespass.

When does an overhanging gutter become a trespass?

Land Registration Act 2002. If there is an overhang, the following principles can legitimise what would otherwise be a trespass: The deeds to the house may specifically provide a right for them to be there; 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.

Can I Stop my Neighbour building on my land?

The same applies where your neighbour has built his balcony or roof or any part of his building over your land. This is unlawful unless you have given permission. The municipality cannot assist you where your neighbour has built over your land you. You will have to approach a court to remove the structure from your land.