Who owns the down pipe?

[Sara_H]

I live in a semi detached house.

My attached neighbour is an elderly woman who has become increasingly awkward and unpleasant over the last few months.

I'd like to have a water butt but the downpipe I'd like to fix it to is shared. I'd like to know if I've got rights/responsibilities for the downpipe before getting the equipment.

There is fencing on my side of the pipe, but I happen to know that the people who owned the house erected the fencing an inch or two inside the boundry because my neighbours were being akward about the fence, so they just built it inside the boundry as opposed to on it to stop the arguments.

She's a very unpleasant woman who recently rang me and used some very unpleaant language 10 minutes after the fence had blown over in the storm, so she can be very arkward. Just want to know what my rights before I get started as I know she'll object.

 

[ASC1951]

General principle is as you would expect - the downpipe is the property and responsibility of the person whose roof it drains.
Usually it is wholly on the land of that person, too, although not always. If this downpipe is on the other side of the fence and it drains her roof (ie it's 'her' rainwater) I think you may have to back off.

 

[MontyVeda]

as far as I'm aware, if it's on their property it's theirs, if it's on your property it's yours... but when i comes to repairing it, they may well claim it's shared even if it's on their half... because people are funny that way.

edit... I'm guessing the semi has only one drainpipe on the back... serving the entire roof?

 

[Sara_H]

General principle is as you would expect - the downpipe is the property and responsibility of the person whose roof it drains.
Usually it is wholly on the land of that person, too, although not always. If this downpipe is on the other side of the fence and it drains her roof (ie it's 'her' rainwater) I think you may have to back off.

I think you may be right. Bit irritating really, because I'm certain the deeds say that the pipe marks the boundry, it drains from both roofs and as I said the fence was only placed on my side of it because they were being akward about it being built at all.

as far as I'm aware, if it's on their property it's theirs, if it's on your property it's yours... but when i comes to repairing it, they may well claim it's shared even if it's on their half... because people are funny that way.

edit... I'm guessing the semi has only one drainpipe on the back... serving the entire roof?

The drain pipe I'm referring to is at the front, there's another at the back. They are both placed on her side of the fence, but the fences are both clearly inside the boundries.

I know she'll be akward. She's been very unpleasant about the fencing that blew down.

 

[vernon]

For the sake of not having a water butt I'd preserve the peace.

 

[MontyVeda]

...just fit another down pipe and bung a handful of wet leaves and maybe a squirrel in the existing one

 

[ASC1951]

Hmm. If the downpipe drains both roofs and is on the boundary, I would say that it is certainly a shared responsibility to maintain and probably in shared ownership ie you would need your neighbour's consent to fiddle with it.
Practicalities aside - how do you drain through the new fence into a water butt? - I'm with Vernon. And if you really must have rainwater for some delicate plants, a free standing butt with a big funnel round it would <cough> give you plenty where I live.

 

[simon the viking]

As much as I admire you wanting to recycle rain water... I just feel in this instance it really isn't worth it, If she really as unpleasant as you say (and I can believe it some people are just obnoxious for obnoxious' sake) she will accuse you of stealing her half of the water, complain about the boundary etc, Just aint worth the hassle imo

 

[glasgowcyclist]

Could you consider using grey water?

GC

 

[asterix]

I'd a problem with the fence at the back of the garden. The neighbour's house was built in the 70's and they were the first occupants. Although surrounded by houses already, they didn't like seeing them so they planted leylandii on one side and agressive ivy at the bottom adjoining us.

When the ivy consumed the fence our previous owners just put up another inside it. A couple of years ago the whole lot started to collapse so I went round and asked the husband if I could cut some of the ivy back to allow me to renew the fence and he said he'd be delighted, they'd have got some one round themselves but couldn't afford to pay (elderly pensioners so it sounded reasonable). However when I started worked the wife came along in a towering rage, yelling and screaming before I could say a word. So I left it, not knowing how to deal with the matter immediately.

I knew they had relations who visited frequently so when I saw the son and daughter-in-law arrive I called round to make the peace. Although I felt aggrieved, nevertheless I was apologetic in order not to give her a chance to lose her rag again. Very soon the son/d-i-l were on my side and it was quickly agreed I could continue the work although the old bat insisted I put up a 6 foot fence as if I was a potential invader! I'd have put up an 8 foot fence if there was any danger of meeting her again.. But I didn't mention that. Felt sorry for her husband, he's dead now.

 

[threebikesmcginty]

Have you not got a shed, you don't need much roof to collect a lot of water.

 

[simon the viking]

Could you consider using grey water?

GC

Can't see that link but I assume you mean washing up/bath water.... Apparently that is very good for plants the used detergents keeps the Aphids off (hark at me I sound like Gardener and I don't even mow the lawn)

 

[postman]

Have you a garage,we have a water but on ours.i did the guttering myself.

 

[Over The Hill]

1. no matter what the right and wrong is - if she has that attitude then it is not worth the fight.

2. While water butts are good environmentally, cost wise they are poor. A full size water butt has about 25p worth of water in it if filled from mains on a meter. You are lucky if you get 4 empties from it per year (as it stops raining when you usually need) so at best you get £1 worth of saving from it.

On the fence. If you moved the boundary then the boundary is where you moved it to. You have lost that bit if she claims it. She is in possession of everything on her side.
It is a real pain having to put up with horrid people.

 

[Over The Hill]

[QUOTE 2996390, member: 9609"]If that is what the deeds say then the pipe is shared and you will need her permission to alter the pipe.
If the water butt is a must, put another down pipe solely on your side of the fence (it could be easier than you think) but you will still have 50% responsibility to the mutual downpipe.[/QUOTE]

Problem is the new pipe will then need to drain somewhere and if that somewhere is on the other side of the fence then you hit the same problem.

Deeds are altered by events after. If you replace your neighbours fence then it becomes your fence. So responsibility can change.
Also if you put up a fence inside your boundary you can lose what is beyond it. If your neighbour does the same then you can gain a bit.

Old people often have very little to think about and so get a bit obsessed with their house and things like this. They forget we have jobs, kids and all sorts of other things to worry about before we get to the fence.