Neighbours Guttering Overhangs My Property

If the gutters or eaves have been there for a lengthy period of time and different rules apply differing time periods of 12 or 20 years there may be little you can do.

Neighbours guttering overhangs my property.

It will not make your neighbor happy unless he agrees. All home and hosed now but the guttering overhangs mum s property most of its. If the neighbor took reasonable care of the tree and a storm. 2 points this issue was touched upon in early july re an impinging fence and secondly it s actually my aged mother s property.

He may like the tree and agree to clean your gutters so that the appearance of the tree is not compromised. Based on my former real estate training you own the space above your property and have the right to trim anything above your property although local bylaws and easements may apply. If your neighbour s gutters or eaves overhang your property there could be a trespass even if your use or enjoyment of your property is not affected. If it obstructs your view exiting the driveway for safety reasons you have another issue that you are probably on the right side of.

A neighbor s tree branch that hangs over your property may fall in a storm resulting in damage to your home car or other possessions. However if the roots of a tree next door encroach on your land and start causing damage then the onus is on your neighbour to fix it. Mum gave them permission to site scaffolding on her property to do it. Maybe ask if they can install a water butt in your garden so you can make use of their gutter in exchange for leaving it as it is otherwise its legal action and can get costly and lead to bad feelings between yourself and your neighbor.

If you get on with your neighbors then just pop round and discuss it with them. Her nice newish neighbours put up a huge extension about a year ago. If eaves or guttering rather than trees overhang your. It is a well established principle that you own the airspace above your land so if your neighbour s gutters overhang your land then they may be a trespass even if you cannot reach them or they don t interfere with the day to day use of your land.