The Brew Cabin

My house is linked to my neighbours by way of our garages which share a connecting wall. My neighbour is directing the downpipes servicing their house roof guttering down their wall then across their garage roof so the water flows onto it, this water then goes into the garage gutter whose downpipe comes out on my property. Are you allowed to direct water from one property to another in this way? If you can do this, would it have to be declared in any building plans ?

So, let me make sure I've got this right: next door's roof drains onto the shared garage block, which then drains into a gutter that outfalls into a downspout connected to a drain on your property. Is that right?

Assuming it is, then there is no straightforward answer. If the houses were built in this way, then you can only assume that Approval was given at the time of the build. If this was a later modification, then it may have been Approved and there may have been a consent agreed between the then owners of the properties.

However, if this is summat the neighbour has done recently, and hasn't sought or been granted your permission, then it becomes a bit of a legal minefield. There is a legal argument, based on property rights, that would make such an arrangement "unsatisfactory", and it is definitely morally unacceptable.

The only counter is that, if, when the houses were originally built, the SW system was established/designed in such a way that the only viable Rain Water Pick-up (RWP) for both properties was located on your property, then there's not a lot you can do.

If the water from next door's was causing a problem, perhaps it was getting in under the garge roof, or the increased discharge from the downspout was causing the RWP to surcharge and flood your property, then a stronger case could be made, but if all is ticketty-boo, and the system works, then making an official complaint may be viewed as being a bit picky.

I'd ask your Building Society or Mortgage Company to look into the matter. There may be something in the deeds (which really ought to have been picked up on by your <spit> solicitor when you bought the property) but if you can get them, as a faceless corporate body, to initiate any necessary action, it puts a buffer between yourself and the neighbour which would help minimise any ill-feeling.

Yes, your summation is right, and thanks for your reply

I wouldn't have made an issue of it (as you say it would be picky) but the water is causing a problem, the drain it's flowing into on my property can't seem to handle the volume of water, and is seeping out from underground and making it's way into my garage through the brick work! The next door property does have it's own drains. I don't think the issue was picked up in the survey as next door was doing some work on their garge roof when it was done and they'd repointed the gutter drain pipe (temporarily) onto their conservatory roof so the water wasn't flowing onto what's now my property.
Sorry for the waffle.
Cheers

(Edited by PhilS at 10:43 am on Feb. 8, 2004)

Well, if it's causing you a problem, and next door has their own RWPs, then it's worth having a friendly chat with the neighbours, perhaps asking them if they have any ideas for how the SW can be re-routed to avoid damaging your garage.

It might be that installing a larger gully or a length of linear drain is the simple answer, but it;s best to get them involved right at the start, so that they can't later argue that you were taking the law into your own hands.

Good luck. :)

You also need to be careful not to make it "official" as you then have to declare it should you ever want to sell the house, and some buyers may be put off by a "neighbour dispute".