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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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The following is a letter I wrote to my neighbour on 24/01/13..I

Customer Question

The following is a letter I wrote to my neighbour on 24/01/13..I am unable to speak with him as he juat walks away.
David.
I have today discovered flooding in my garage. On looking over the fence I observed earth placed in such a manner as to form a dam resulting in the water level being above the garage foundation. As I pointed out to you some time ago there is no damp course and these old concrete blocks are porus.
I had a similar problem over 20 years ago when then owner of No. 35 placed earth in a similar manner. when the earth was removed my Son Ewan and I dug a gravel soak away which solved the problem.
I aould appreciate your early co-operation in removing sufficient earth to allow free passage of rain water to flow between our garages.
Regards, Colin

I contacted the council about 3 years ago about the exsessive rainwater flowing from his drive on to our drive due to concrete block fence posts he had built over a shallow channel formed on the edge of his drive designed to pass rain water to a gulley between our garages. The answer was that no action could be taken as it was regarded as nusance.

I am 83 years of age and am at my wits end on how to deal with the problem neighbour.
I have lived here for 31 years where as my neighbour only arrived 7 years ago and started causing trouble a year later

Surely there must be some law to prevent my property and contents of my garage from damage.
I sincerely XXXXX XXXXX can assist me.
Regards, Colin campbell
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

There is a legal right for rainwater to be percolated away naturally by adjoining owners. Anything over and above rainwater - there is no such right.

Max Lowry :

There is an obligation upon a neighbour to take such reasonable care when doing things on his own land not to unreasonably affect his neighbour. This includes packing down the land so that rainwater can no longer percolate the substrata in the usual way.

Max Lowry :

You should therefore be able to claim nuisance as a consequence of what he has done.

Customer:

Thanks for your information.

Max Lowry :

You're welcome.

Customer:

Thanks for your help. However knowing my neighbour he will ignore the information you have given me. What can I do then?

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