Gutters & Rainwater

[pachapapa]

There is a thread running on another forum where a neighbour complains of rainwater running off a garage roof on to her garden.

Whilst the Civil Code requires a gutter to divert the water; it seems that the rainwater has been drippng for perhaps 70 years.

There may in fact be a servitude subsequent to the passage of more than 30 years.

This servitude is rarely encountered in practice and not widely known about, it existed in Roman Law and in france is known as a "servitude de stillicide".

[dragonrouge]

This positing is of considerable interest. We have a another house opposite our home and which is in the middle of two other houses. The house to the right has no guttering and rainwater runs down from his roof to our house and which is at a lower level and rainwater gets into the house albeit it hot inhabited.

I have written to them (they are UK people) who say never been a guttering I am not putting one up now. What should one do please. His only access to the area at risk is through our garden.

[PaulT]

[quote user="dragonrouge"]This positing is of considerable interest. We have a another house opposite our home and which is in the middle of two other houses. The house to the right has no guttering and rainwater runs down from his roof to our house and which is at a lower level and rainwater gets into the house albeit it hot inhabited. I have written to them (they are UK people) who say never been a guttering I am not putting one up now. What should one do please. His only access to the area at risk is through our garden.[/quote]

I have visions of where they live in the UK - not the type of people you want as neighbours.

Why oh why are people like this

Paul

[parsnips]

[quote user="dragonrouge"]This positing is of considerable interest. We have a another house opposite our home and which is in the middle of two other houses. The house to the right has no guttering and rainwater runs down from his roof to our house and which is at a lower level and rainwater gets into the house albeit it hot inhabited.

I have written to them (they are UK people) who say never been a guttering I am not putting one up now. What should one do please. His only access to the area at risk is through our garden.[/quote]

Hi,

Article 681 du code civil states that every owner of a building must take steps to ensure that rainwater from his roof is, in the first instance, disposed of entirely on his property and never directly  onto his neighbours land. Once directed onto his own  property (by guttering for example) then , if the natural  lie of the land leads to it running over his neigbour's land, the neighbour has to accept it ( "écoulement naturel" Article 640 code civil) .

     I hope this helps--your next step is to discuss with a notaire--preferably the one who dealt with your purchase.

[pachapapa]

Unless there is a servitude then due compliance with the Civil Code is enforceable.

Note that if the wall of the dripping house is on the boundary line then the guttering must be installed such that it does not overhang and encroach over your land; suitable zinc guttering located on the final slope of the roof is expensive and best installed professionally.

The circumstances of the post on the other forum suggest that a servitude may exist.

[Chancer]

[quote user="pachapapa"]

Note that if the wall of the dripping house is on the boundary line then the guttering must be installed such that it does not overhang and encroach over your land; [/quote]

Did you know that is where the term "eavesdropping" came from?

 

[dragonrouge]

many thanks will now try again.

rdgs

[pachapapa]

[quote user="Chancer"][quote user="pachapapa"]

Note that if the wall of the dripping house is on the boundary line then the guttering must be installed such that it does not overhang and encroach over your land; [/quote]

Did you know that is where the term "eavesdropping" came from?

 

[/quote]

No I didn't.

Sillicidium from which the word sillicide is reputed to come from was a latin legal term in Roman Times to define the right of the neighbour to use and possess the rain water which fell from the neighbours roof on to his land. In Italia one was grateful for clean water; in yUK they get all up-tight.[:)]