Replacing a gutter? Get clarity on neighbor law

Questioner

Replacing gutter We recently purchased a (corner) house and the contractor advised us to replace the zinc gutters, which are now about 50 years old. However, the gutters are in one piece with the neighbors and they do not want their gutters replaced. In order to avoid any future hassle, we thought it would be wise to make separate gutters now and to install a bulkhead at the property boundary. We are of course prepared to have a bulkhead installed in our neighbor's gutter, but he is afraid that the bulkhead will start leaking again after a while. Paying for new gutters for him is going too far for us, but what is the best way to approach this to avoid any hassle in the future?

Lawyer

If the gutter is jointly owned, it is shared and you can force your neighbors to cooperate in repair or replacement.

Lawyer

In response to Mrs Ferwerda's response, I would like to point out that you can only force the neighbours to cooperate in repair or replacement if the gutter is broken. Your question does not show that, but the contractor is of the opinion that the gutter should be replaced. That is insufficient to force the neighbours to cooperate in replacement.

Questioner

We don't want to force the neighbours either, but we are faced with a practical problem when we replace our gutter. Connecting a new gutter to an old gutter can cause problems (leakage), but also if we both have a bulkhead placed in the old and new gutter on the property line. Placing a bulkhead in an old gutter can also cause leakage. The latter is our strong preference, as it will save you from any future discussions. If the gutter is shared, then that should be in the purchase agreement I assume? However, I couldn't find anything about that in the agreement...

Lawyer

The deed should state that an easement has been granted,