Who owns the down pipe?

[Sara_H]

I don't think my neighbour will be having a wee dram with me.

 

[threebikesmcginty]

Why not punch your neighbour in the face?

 

[classic33]

i believeyou areable to cut backany branches etc that fall within your boundarys (i.e over hanging your fence) in not sure on natural borders though in the respect of overgrown/taken over land.

But you have to return whatever you cut to the legal owner.

 

[Over The Hill]

How does that work with a hedge?

The house beyond us has put up a leylandii. They planted it as close to their border as they could and it is now 3m high. We kept our fence but no one else did so the hedge has taken over nearly 1m of their garden, for a length of over 50 metres. Apart from our short bit there may be no evidence of where the fences used to be, so could the owners of the hedge claim the land that it has overgrown?

The cannot claim land under the spread of their trees.

Leylandii rules are more dealing with their height and blocking out areas.

Me---F aaaa F2 ---you

Rather than thinking about the fence - think of the land and who can and cannot use it.

So I have fence F and you own land aaaa
Then you stick up a fence or any barrier at F2. Now you cannot get to aaaa.

Then my fence F falls down or I take it down. I then start using land aaaa and you cannot use aaaa. I have a claim for the possession of aaaa.

Over time this claim becomes stronger and in the end I can get the land registry to give me the title to it. Basically a squatter can overturn a legal title.

Hedges are usually measured to the middle but then if it is a hedge and ditch it is to the middle of the ditch.

In your case if you or those on your side of the row of trees maintain that side and use the land while the trees prevent the person on the other side from accessing your side then you can start treating the land as yours. But it only needs him to come round your side once a year to trim a few branches (or perhaps even lean over the top) for him to maintain ownership as he would then still be using his land.

 

[vernon]

'Who owns the the down pipe' has a familiar cadence....

 

[stephec]

Why not punch your neighbour in the face?

A sensible answer at last.

Why not offer to fit a water butt for her as well?

Don't forget to have a big plop in it just before you put the lid on though.

 

[TissoT]

If the guttering is falling to to your neighbour side hence she has the down spout

You could put a running outlet in the middle of the guttering and run a down spout on your side ! easy

 

[Colin B]

I'm just gonna sit on the fence on this matter

Probably wouldn't make your eyes water as much as if you sat on the butt plug .

Sorry the voices made me do it

 

[classic33]

Probably wouldn't make your eyes water as much as if you sat on the butt plug .

Sorry the voices made me do it

 

[asterix]

The cannot claim land under the spread of their trees.

Leylandii rules are more dealing with their height and blocking out areas.

Me---F aaaa F2 ---you

Rather than thinking about the fence - think of the land and who can and cannot use it.

So I have fence F and you own land aaaa
Then you stick up a fence or any barrier at F2. Now you cannot get to aaaa.

Then my fence F falls down or I take it down. I then start using land aaaa and you cannot use aaaa. I have a claim for the possession of aaaa.

Over time this claim becomes stronger and in the end I can get the land registry to give me the title to it. Basically a squatter can overturn a legal title.

Hedges are usually measured to the middle but then if it is a hedge and ditch it is to the middle of the ditch.

In your case if you or those on your side of the row of trees maintain that side and use the land while the trees prevent the person on the other side from accessing your side then you can start treating the land as yours. But it only needs him to come round your side once a year to trim a few branches (or perhaps even lean over the top) for him to maintain ownership as he would then still be using his land.

Do you have the legal references for your explanation? After all, land ownership is not always clearly demarcated by barriers and may be accessed quite easily by those other than the owner.

It seems to me that it should be easy enough to establish what the boundaries are by measurement especially now that satellites are so accurate in position finding; doing it according to fences seems crude and archaic. Hardly surprising it causes so much conflict!

 

[Over The Hill]

Do you have the legal references for your explanation? After all, land ownership is not always clearly demarcated by barriers and may be accessed quite easily by those other than the owner.

It seems to me that it should be easy enough to establish what the boundaries are by measurement especially now that satellites are so accurate in position finding; doing it according to fences seems crude and archaic. Hardly surprising it causes so much conflict!

It is one of those things that we assume there to be great certainty but there is not.
The authority for all this arises from dozens of cases and many laws that go back and we still use laws from 1832 to settle such matters.

Best easy guide is from the Land Registry who produce a few guides.

Problem often comes along as we are today dealing with titles to farms and fields that can easily be a good six foot out and then we shove some houses on the field and expect it all to be clear and within half an inch.

Even if we measure things exactly now, title documents don't often give enough info on where we measure from. Often they measure from the side of the road and that can change if the road gets tarmaced. All you can really do is fence your land and use it and you are OK. Cut bits off and don't use them and you will likely lose your claim to them.

While it is crude we still often have to rely on hand drawn plans.

 

[threebikesmcginty]

When her next doors is out, get a spade, lean over the fence and break the downpipe with it, if the old trout asks you to chip in for a new one you've got a right to tap into it.

 

[asterix]

When her next doors is out, get a spade, lean over the fence and break the downpipe with it, if the old trout asks you to chip in for a new one you've got a right to tap into it.

Handy if there's a frost, it's very bad for downpipes is frost.

 

[Cyclopathic]

Have you considered having a patio built. And the opportunities it might present for having the old lady buried under it?

 

[Markymark]

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

That's what we do, always plenty of water stored. Thinking about linking a 2nd one as it's so efficient as it's very useful for our veg patches.