What are my rights in this situation.
Neighbours extension roof overhangs my property.
My neighbour has a shed in his garden the roof of which overhangs my fence and the rain runs off directly onto the fence and supporting fence post causing it to rot out.
The same applies where your neighbour has built his balcony or roof or any part of his building over your land.
The houses were built by the same person and have been there for many years.
A gutter overhanging many feet up in the air may be considered by the court as a trivial trespass.
If your neighbour has built inside or over his building line or even worse has built over the border of your property he has encroached on your property.
A word of caution is necessary here however.
Nothing from there building should intrude over the boundary between your two properties this is a legal fact it doe s happen sometimes however this requires your written consent your neighbours may not have known this but the conservertory company should have.
If you are building a new extension or property very close to or on the boundary you need to consider whether you have you left room for any guttering etc.
I had a great neighbor until now.
I would speek to them and explain your building intention s and find anothere.
The house is now owned by a.
What can i do about neighbors fence and carport overhang on my property.
If your neighbour refuses to cut their roof back so that it is within their boundary your only option would be to take them to court although there is a possibility that the courts will say that 3 inches is too small a trespass to make a ruling on.
This is unlawful unless you have given permission.
I have spoken to my neighbour twice over recent months asking him to reposition his shed in order to alleviate the problem but to no avail.
According to the survey my neighbors fence and carport overhang are on my side.
Rule of thumb is 1 meter from the boundary of adjoining properties land or right up to it.