I have a 50 gallon water butt on my shed (small
area of roof) and when it rains, you would need a chain of people with buckets
to keep it from overflowing.
In summer it empties almost completely.
The remedy is to pipe the overflow to wherever it
should have gone to before.
If it overflows onto your property, this is
nuisance and you are entitled to take court action to get her to remedy the
It may cause damage. She is liable to compensate
you for any damage
The nuisance is likely to be as a result of her
negligence. I mention that purely for completeness if you are drafting legal
She is liable to compensate you for any nuisance.
Similarly, the gutter appears to be leaking
because of her negligence/failure to repair. As a result of that, the water is
causing nuisance and may cause damage.
She is liable for that. She is liable for anything
which she causes.
However, if it is a lack of repair and your water
from your roof also goes on her gutter then you are partly liable for the
repair under the doctrine of mutual benefit and burden. You have the benefit of
using the gutter and therefore you have the burden of repairing it in
proportion to your use. Probably 50%.
If however, she has messed about with it and
misaligned it, and that is causing the overflow, she is 100% liable
Can I help further?
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