Next door Extension

Hi all,
Please be gentle ...newbie here
Our house was basically built in the person in fronts garden over 90 years ago. The only access is through an entry which we have right of way.
The problem is the person in front which I will call neighour has extended his house, not a problem but the original part was also the boundary wall. The extended bit is about a foot away from a wall (also boundary) The original part has now had an apex roof put on (it had a slopping roof originally) Still no problem apart from the guttering on the original part is now over on our land.
I spoke with the neighbour and he got his Engineer to come and see us, basically as far as I can see they will have to chase the pipe into the wall. I have now been told over a period of 6 months that the builders are busy, the Engineer is on holiday for 3 months etc etc. I wrote a letter to the neighbour about 2 weeks ago, then saw him the other day, again loads of excuses. I am going to give them till the end of September to sort this out, otheriwse I presume I am allowed to remove the gutting? Any advise would be greatly appreciated. Cheers

http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html

Tell them you will be applying for a works order, as described in the link, in the district court , at their expense, (c euro 3,000) to have a builder come in, at their expense to "remedy the situation."

Not clear on what is now over your land: is it the gutter, or the down pipe or the the whole soffit, facial board etc.
Is the rain water from the roof draining onto your land or wha?

Thanks Ircoha, its only a small part of the gutting at the corner of their house and then about 4ft of down pipe. The rest of the down pipe is in the gap between the new extention and the wall.
The builders has put what looks like a "trim" at the end of the roof so as far as I'm aware the rain is running down the roof not onto our land. I can't see too well as we have a metal shed about 8" away from the original wall and extention bit.

Across-the-sea said:

Thanks Ircoha, its only a small part of the gutting at the corner of their house and then about 4ft of down pipe. The rest of the down pipe is in the gap between the new extention and the wall.
The builders has put what looks like a "trim" at the end of the roof so as far as I'm aware the rain is running down the roof not onto our land. I can't see too well as we have a metal shed about 8" away from the original wall and extention bit.

Click to expand...

This level of detail is way too woolly for any legal work:
Your Honour:
As far as I am aware....
I can't see too well as ...

maybe: https://www.youtube.com/watch?v=FscIgtDJFXg

Two things:
the water from the roof either is coming onto your land or not.
If it is then you have a water tight case.

If not then its just the overhanging bit which in theory means its yours so he needs your consent to sell his house.

Ok Irocha, I see your point. When they are out and if its raining l will see where the rain in running from the roof.
I meant to say that because the shed is very close to the original wall, l think the builders didnt think we would notice the down pipe and guttering. Out of sigh eh! Thanks again will keep you updated

Great youtube by the way ☺

Right "I really can see clearly now"... the original wall that has got the original building on, is indented onto his side, so basically the wall go up about 6ft the goes in about 4-6" on his side, the water isn't running onto our side as the roof has a trim with a lip on so all the water would be running down the roof and not onto our side. So basically the roof is not an issue just the down pipe and corner bit of the guttering.