Boundary issues - New Fence

[tractorgirl79]

Evening 

 

firstly, apologies if I’ve not posted in the right category 

 

looking for assistance and advice with a boundary line issue regarding a new fence installation that I have got a builder to complete and the adjourning neighbour is now complaining that my gutter pipe is now visual to them 

 

to describe the set up, I have a conservatory that has a gutter pipe the feeds across and then down the side and was previously concealed from the neighbours view but a timber fence panel (no view to us as on other side of conservatory panel) - the rest of the old fencing was that old green wire type fence so zero privacy. The new fencing is a 4 ft timber fence with 1ft trellis on top including new concrete posts and footing.  Our conservatory was built mid 90s, a few years ago the neighbour built a house extension with patio and both the house extension and patio went right up to the party wall - not fussed about that.  However because of this, there is no longer enough available space to fit a smaller timber panel to conceal the gutter from their view.  
the gutter is well inside of my property but probably close to the party wall now

 

am I right in thinking that I am not legally obliged to do anything as the gutter flow doesn’t affect their property as it continues to flow into my garden and drain appropriate and all they are concerned about is a standard white pipe on view - there is nothing in the covenant to say they are entitled to right of a view 

 

I plan on asking the builder to leave the yellow boundary string up as evidence that the pipe is not on the property and neither is the flow. 
 

I am plan on requesting that they not alter the side of the fence in any way on their side because like the rest, it’s on my side of the boy arch and not with the party wall 

 

in the space of 2 days, they have shouted at my builder many times in a day and had some suited old guy visit - not sure how VIP they were as no one would visit from the borough that quickly 

 

I just want to do things legally, morally but with a sprinkle of not caving for an relatively easy life 

 

any help much appreciated 

 

cheers 

[BankFodder]

If the pipe is not passing over their land or vacate in water over their land then it is simply visually unsightly and unless there is some local agreement or law that prevents it, then you are completely in your rights.

If your builders et cetera are getting hassled by them then I suggest that you start keeping a very detailed diary of any incidents – dates, times, who said what to who – and also don't get drawn into anything.

If it starts to get nasty then keep us updated.

 

[tractorgirl79]

Thank you 

 

one thing that is really starting to rattle the builder is the constant photo taking and video recording of him and his labourer whilst they are working 

 

Im not sure any law has been broken there but he’s (builder) is mentioning privacy law that to record from a private property into another without permission is encroaching on “privacy law” 

 

I could do without the ballache and just told the boys to ignore her and don’t engage with her and get on with drinking my tea and biscuits 

[BazzaS]

^^^ This.

 

2 issues here:

a) right to a view,

b) privacy.

 

a) There is no right to a view in UK law. There is a right to light, but no right to have / keep a view.

b) It is perfectly legal to record in public. Recording into / of a private property can breach privacy.

 

Most neighbour disputes are best solved by agreement / mediation : going 'legal' can increase entrenched attitudes and costs, but in the end, if the neighbour is being difficult, get the builder to point out to them that recording them on private property can be harassment, and that can be both a tort (a civil wrong) AND a criminal offence.

[tractorgirl79]

The final 3 panels are going in tomorrow so may take some pictures and post here tomorrow if ok 

 

think I’m panicking over nothing but am going on hols in 3 weeks and didn’t want to come back to a pile of post and boring correspondence

[BankFodder]

Frankly a motion activated video camera is a good idea. You can get them very cheaply on Amazon now which will connect to your Internet and keep you informed about what is happening and also if you pay a small subscription, will store the files.

This is a good investment and unfortunately it's quite reasonable step to take when you get this kind of hassle with neighbours

[tractorgirl79]

Bankfodder - how would that work ? Where would you advise installing it without video recording their land?

 

im sure the ring doorbell is an offence as it shows the 2 houses opposite in the distance

[dx100uk]

nope, incidental capture.

 

dx

 

[Homer67]

I think the point that BazzaS made about taking video footage infringing privacy rights is not going apply here.

The neighbour would simply claim they are unhappy with the ongoing work and are entitled (and best advised) to video it.

[BazzaS]

They can (one-off) video / photograph work (but would also need to justify it : “right to a view” won’t cut it! - it’d need to be filming a crime or a tort).

 

They can video their property. They can video “in public”.

 

They can’t video repeatedly / persistently  into the OP’s private property unless they are alleging a crime / a tort.

[tractorgirl79]

See attached doc of 5 photos

This is my gutter pipe in question and you can see the flow goes back into my property and the builder has chipped at the brickwork of my conservatory (not a permanent builder as will be ripped down in 2023/24) to secure it on my property so no EOW issues.

What are your thoughts on the 5 picture of their patio extension - do you think they have gone too far over as the cement used by them goes right against my conservatory and the builder advises that they have cemented over 2 of our cables - one an important electrical cable for the pool function.

Had they not gone too far over the party line, my builder may have been able to conceal the pipe with a thin fence/piece of wood but the ground is now solid concrete in that part

Thoughts - like i say, I don't want to get back from hols to numerous whiny post or for them to bother my mother who will be house sitting

Personal.docx

 

doc isn’t “personal” - I just uploaded from work laptop 

Edited January 19, 2022 by tractorgirl79
Added sentence

[Homer67]

INMO the gutter pipe is substandard and illegally encroaches onto the boundary of the adjacent property.

 

If that was my property I 'd be having the building control inspector down and insisting the gutter pipe was re-routed correctly.

[tractorgirl79]

Thanks homer67 

but I don’t get what you see - from the side view with the concrete post in front view, (that’s our side) and I don’t see the pipe going over the left side of the post 

 

thanks