Extention overflow pipe

[Ric.ror]

My neighbours have an extention right to the boundry. The guttering and overflow pipe are therfeore on my land. This is not a problem at the moment as the rain falls on to garden soil but I am intending to relay this part of the garden to allow for a carport so will be either flagging or tarmacing this area which could then be damaged by the pipe (hope this makes sense). Can I ask them to remove the piping onto there own land

[buildersmate]

Their extension should never have been designed such that the guttering required to be constructed in the area above land in the first place.
Yes, you can ask them to move it, and legally you almost certainly have the right for it to be removed.
But don't expect this to be easy - unless a simple solution is possible. If they can't drain it elsewhere simply, they are likely to try and fight it, because the potential cost of making alternative arrangements could be considerable.
These sorts of difficulties have to potential to make shed-loads of money for lawyers so at all costs you really ought to be trying to find an amicable solution. Plus, both of you would have a disclose a 'dispute with the neighbour' to potnetial buyers if and when you eventually come to sell the house.

[buildersmate]

should read 'above your land' in the first sentence.

[The Builder]

..couldn't agree more with BM .............. also .... what kind of job is it that discharges roof water straight into the ground (especially someone else's property). Keep it friendly of course, but, at the last resort........... local building control would be interested in the way this extension has been finished off.

[buildersmate]

Yes, its a excellent additional point. No guttering downpipe should be terminated to discharge straight onto the ground. It should go into a gulley trap and then extend a minimum of 5 metres away from the walls of any house, via a (near) horizontal pipe, then into a large soakaway (and that soakaway is not in your property). The installation as is fails to make Building Regs - irrespective of whose land it discharges onto.

[magicmerlin]

How old is their extension and did they need to get planning permission (if req'd) and has it passed building control? I would check with council who will have copies of drawings etc. Who knows, the extension may not be as per original plans and that can create a lot of problems.

I would suggest that you have a polite word with neighbours first, if they won't do anything then start suggesting that you will take matter up council etc.

[buildersmate]

Not sure how that gets us any further forward.
The date of construction is irrelevant.
Whether it needed Planning permission is irrelevant.
We've already covered off whether Building Control have signed the thing off (The Builder asked about it)
The council will have copies of the drawings - the planning ones (if PP was needed) are available for public inspection, the Building Control ones aren't.
And I pointed out the problems with neighbour disputes in getting the thing then resolved.