How to prevent my neighbour from acquiring an Easement on my property

I'd much appreciate some help with a question:
My neighbour's house has an extension which was refused retention permission around 19 years ago but which has not been demolished. There is no record of any planning enforcement action. The extension has gutters that overhang my backyard by around 30 cm. The gutters don't bother me as such but they might reduce the value of my property as they would make it more difficult to build an extension to the boundary wall should a future new owner wish to do so.

My questions are as follows:
1) Would their lack of planning permission affect my neighbour's right to assert an easement through the "lost modern grant" doctrine (i.e. a right to permanently retain the gutters) from next year onwards (after the requisite period of 20 years has passed)?

2) If the answer to the above is "no," how could I make the clock to the 20 year deadline stop ticking? The law says that for an easement to be successfully asserted the owner of the property which is being encroached on must have "acquiesced" to the use of their land for at least 20 years. Would a formal letter to my neighbor disputing their right to encroach onto my property be enough to show that I do not "acquiesce?"

My aim is not to make my neighbour remove the gutters right now (since they don't bother me), simply to prevent them from establishing a formal right over the use of my property.

Many thanks for reading this. I would appreciate any help in clarifying my situation.

Your proposal seems reasonable. You might consider citing the doctrine osr relevant planning rule in your letter and cc your solicitor on the letter.

I'd speak with my neighbor 1st to let him know your plan and the intent of it.

Horatio said:

Your proposal seems reasonable. You might consider citing the doctrine osr relevant planning rule in your letter and cc your solicitor on the letter.

I'd speak with my neighbor 1st to let him know your plan and the intent of it.

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Thanks for the reply. So would such a letter by itself be enough to prevent the neighbour from asserting easement rights or would this require a court order declaring the gutters illegal?

tomdublin said:

Thanks for the reply. So would such a letter by itself be enough to prevent the neighbour from asserting easement rights or would this require a court order declaring the gutters illegal?

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My sister had similar a good few years ago but had to go the legal route to satisfy her neighbour. He wanted the legal opinion on what to do and the small cost was shared. It wasn't in any way expensive though and she got what she wanted with the neighbours help (agreement). He and his wife have since passed away, that house has been sold but my poor sister has onset dementia now. Good ending though, she has new people living beside her, they're a lovely family and very easy to get on with.