I built and live on a half plot in Ikorodu Lagos. At the other end of the plot is my neighbour – a pastor. Before I began building, I got an architect who planned the building and left about 5ft from my building plan to the fence after its erection. Since I didn’t have enough or didn’t think it was overly necessary to build the fence to some coaches, we demarcated the boundary and I went on with my building. My neighbour had built and moved in. It is a 60*124 ft plot – corner piece.

Few years later, he began building boys quarter on his land and at the point of roofing, I called his attention that (1) the boys quarter was too close to the boundary (2) The roof came onto the fence and (3) there was no guttering so rainwater would fall onto my land.
That was when trouble started.

His claim: The land should be divided 60*62ft to give him extra 2ft. Since his boys quarters were already very close to the end of this half plot. This I refused. Omoniles ruled that his share had always been 60*60 and mine 60*64. But the extra 4ft should be left for road/gutter (as initially agreed). They also advised that we put up a fence to forestall further arguments. This I have done.

Whenever, it rains, my compound gets muddy, I am yet to floor the compound. The volume of rainfall is quite heavy.

I approached him to explain the issue and asked that he installs a guttering so we do not get his rainfall on our land. He refused to see my point of view and pushed me but after some people spoke to him he said he would do something about it.
Now has been two months and some developmental works are still ongoing in this compound. Apparently, the suggested gutter meant nothing.

Questions:
1) should one build very close to the fence boundary?
2) Can he just overlap the fence boundary with his roof?
3) Can he refuse to put up a guttering on his side? I don’t want his guttering on my side, it's only about 6 inches anyway, so why should his building come onto my space?
4) What can I do now to solve the situation?
5) Should Christian behave this way?


Thanks for any help!

I will advise you get a lawyer early and take him to court if you have tried talking to him and his not forthcoming. Otherwise he can install a roof gutter water collector. I went through this issue and it only got better when I took the option of the law

If it is possible, increase the height of your fence to block the roof sending the rain water into your compound.