Even if she did drain from the tap on the butt there is no soak away and the water will flow onto our property
She has stopped the gutter overflow by installing a new fall pipe into a small water butt.Where the gutter is misaligned on her property her rain water as well as ours will go into this butt.We are a semi detatched property
I have a 50 gallon water butt on my shed (smallarea of roof) and when it rains, you would need a chain of people with bucketsto keep it from overflowing.
In summer it empties almost completely.
The remedy is to pipe the overflow to wherever itshould have gone to before.
If it overflows onto your property, this isnuisance and you are entitled to take court action to get her to remedy theproblem.
It may cause damage. She is liable to compensateyou for any damage
The nuisance is likely to be as a result of hernegligence. I mention that purely for completeness if you are drafting legalproceedings.
She is liable to compensate you for any nuisance.
Similarly, the gutter appears to be leakingbecause of her negligence/failure to repair. As a result of that, the water iscausing nuisance and may cause damage.
She is liable for that. She is liable for anythingwhich she causes.
However, if it is a lack of repair and your waterfrom your roof also goes on her gutter then you are partly liable for therepair under the doctrine of mutual benefit and burden. You have the benefit ofusing the gutter and therefore you have the burden of repairing it inproportion to your use. Probably 50%.
If however, she has messed about with it andmisaligned it, and that is causing the overflow, she is 100% liable
Can I help further?
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