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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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I bought a house in an area which is very low lying and the

Customer Question

I bought a house in an area which is very low lying and the rear gardens in the area are susceptible to flooding during moderate to heavy rain.
Over the years it appears that all the other gardens have raised their garden, only be a few inches. This meant that all excess water was draining into our garden and as such was constantly under about 4 inches of water.
So we decided to raise our garden in line with the rest.
Now when it rains both our garden floods slightly and so does the garden to the left and right, it just seems evenly spread.
The neighbour to the right, who’s back garden is covered in 95% non-permeable material has accepted this and uses a sump pump to remove his excess water.
The garden to the left who's garden is 45% covered in non-permeable material has now threatened legal action.
Our garden in 100% lawn and therefore 100% permeable material.
The gardens to the rear are all fine
Have we done anything wrong?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Is there any reason you think you may have?
Customer: replied 3 years ago.

becuase now they have written me a letter syaing that basically they are going to seek legal advice


 


For years their garden has drained into our garden, they have basically admitted that in the letter, but now they are experiencing their 'fair share' of flooding issues during heavy rainfall


 


And are now blaming us

Customer: replied 3 years ago.
Relist: Incomplete answer.
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.

I see you have relisted this.

Are they basically saying it is your fault?
Customer: replied 3 years ago.

Yes, they have written us a letter saying that it is our fault

Customer: replied 3 years ago.

in the letter they make reference that the last 40 years they have not had extreme problem and that the old lady who used to live at out our has 'put up with the bad flooding' issue in our property

Customer: replied 3 years ago.


but the way I see it, their garden has always been draining into ours, we have simply rasisied it 3/4 inches to the same level as theirs and now they like everyone in the entire area experience flooding of a few inches during moderate to heavy rainfall

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

In that case it's not your fault.

You should not put up with flooding.

If they are on a flood plane what do they expect!

So no, you are not responsible. You have just taken measures to mitigate any problems you have,

Do not be bullied,

I hope this helps,




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


What is the law when it come to your back garden?


What can you do, what can you not do?


We havent exactly raised our garden 3 foot or channeled any excess rainwater to flow into their garden.

Expert:  UK-Justice replied 3 years ago.
The law is the law of nuisance.

If something comes from your land you are responsible.

However here it is a low lying area.

So what does the neighbour expect? You have not done this on purpose and that is the crux of what you are saying.......






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
Relist: Inaccurate answer.
Expert:  UK-Justice replied 3 years ago.
I see you have relisted this again, what else do you want to know?
Customer: replied 3 years ago.


sorry


 


I guessed all the information that you have given me, it seems pretty obvious, but I need something solid as a response to my issue. Somthing with a bit more substance.

Expert:  UK-Justice replied 3 years ago.
The onus is on them to prove you were negligent.

You live on a low lying area.

Had it not been for that there would be no floods.

You can not help acts of god.

That is what this is.

Does that help?





Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Hi


I need to reply to their letter and that reply needs some actual hard facts


I cant just reply saying 'sorry you are wrong, prove we have done anything wrong'


Thanks

Expert:  UK-Justice replied 3 years ago.
Yes you can,

You write back, dispute the claim and ask them on what basis, in law, they say they have a claim.

It is for them to prove in law there is a claim. Not for you to disprove.

I hope this helps




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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