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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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How can I get my neighbour to move his garage and shed down

Customer Question

How can I get my neighbour to move his garage and shed down pipes away from my garage wall, back to the original position into the soil pipe (soakaway). The run-off of rainwater is now ruining my garage wall, base and driveway, as my driveway is being used as a drainage channel.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

And you are sure it is this water causing damage?
Customer: replied 3 years ago.

yes, it is the run off of water from his garage roof and shed, as it was ok before. this seems like malicious intent

Expert:  UK-Justice replied 3 years ago.
Thanks.

Have you had a surveyors report yet?
Customer: replied 3 years ago.

no, not yet, may be that is the first task, as i think uk building regs stipulate a soak away underground

Expert:  UK-Justice replied 3 years ago.
Thanks.

You should contact local building control - they can come and investigate.

Next you should consider getting a surveyor report to confirm whether or not that is the issue.

If it is then you could issue proceedings in the County Court.

If the Judge is satisfied that the damage is caused by your neighbour then they can grant an injunction.

The injunction can make the neighbour move the pipe. If he refuses then he can be sent to prison for contempt of Court.

However you would need a Solicitor to draft proceedings and present your argument in Court.

But speak to Building Control - that would be free and they may be able to help you.

I hope this helps.



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

ok thanks for your help

Expert:  UK-Justice replied 3 years ago.
Welcome.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Hi


helped a little, pointed me in the right direction.


Local building control didnt want to know, it was out of their jurisdiction, and suggested to contact the local invironmental agency (garden law). I am currently under discussions with a surveyor / conveyance partnership, prior to approaching my solicitor.


regards


P.Phelps

Expert:  UK-Justice replied 3 years ago.
Great

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