Neighbour's gutter and downpipe

[monkey]

My mother lives in a semi, and at the rear there is a chimney stack between the properties that forms a natural break, so each has its own separate gutter, rather than one long, shared gutter. Around ten years ago, her neighbour had a conservatory built, as close as possible to the party wall/boundary (6in?). This meant the drainpipe from their gutter had to be relocated.

Without asking permission, they extended the gutter over onto my mum's side and installed a new drainpipe on her wall. They terminated it with a spout, so it flows out onto the ground on her property. She didn't notice for some time because the drainpipe is in a narrow gap between her extension and the fence, and then she felt it was too late to complain.

The neighbour's house has changed hands, and the new owner wants to replace their conservatory with an extension. I believe the best approach will be to explain the situation to the new owner and ask if they'd correct it at the same time. But if they refuse, would my mother have any recourse given the passage of time and change of ownership?

[wydffa]

I found the garden law forum helpful when I had found my new neighbour installing a waste pipe on my property:
http://www.gardenlaw.co.uk/phpBB2

Sounds like there are 2 issues with wastepipe and also the waste water.
Essentially negotiation/compromise is the preferred route, or offer arbitration before going to court as I am told the courts view this as a waste of their time.

[supremetwo]

Without asking permission, they extended the gutter over onto my mum's side and installed a new drainpipe on her wall. They terminated it with a spout, so it flows out onto the ground on her property. She didn't notice for some time because the drainpipe is in a narrow gap between her extension and the fence, and then she felt it was too late to complain.

The neighbour's house has changed hands, and the new owner wants to replace their conservatory with an extension. I believe the best approach will be to explain the situation to the new owner and ask if they'd correct it at the same time. But if they refuse, would my mother have any recourse given the passage of time and change of ownership?

Building regulations Part H to discharge as you describe:-
https://www.planningportal.co.uk/info/2 ... e_disposal
Requirement Rainwater drainage H3.
(1) Adequate provision shall be made for rainwater to be carried from the roof of the building.
(2) Paved areas around the building shall be so constructed as to be adequately drained.
(3) Rainwater from a system provided pursuant to sub- paragraphs (1) or (2) shall discharge to one of the following, listed in order of priority:

(a) an adequate soakaway or some other adequate infiltration system; or, where that is not reasonably practicable,

(b) a watercourse; or, where that is not reasonably practicable,

(c) a sewer.
Freedraining surfaces
2.6 Paths, driveways and other narrow areas of paving should be freedraining to a pervious area such as grassland, provided that:

a. the water is not discharged adjacent to buildings where it could damage foundations; and

b. the soakage capacity of the ground is not overloaded.

[monkey]

I've advised my mum to negotiate with the neighbour for the drainpipe's removal. It would be a big help to their construction if my mum allowed them to remove the fence panels and work from her side of the boundary. She didn't really want them to do this from her land, but it's a great bargaining chip to hopefully get them to remove the drainpipe.

Would it be advisable to draw this up as a written agreement to ensure the access is granted for a fixed period, and that they undertake to remove the drainpipe etc and clear up any mess?