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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our neighbour has an overflow pipe that discharges over our

Customer Question

Our neighbour has an overflow pipe that discharges over our boundary. We discovered recently that the pipe had been overflowing regularly over our log shed, causing it to fall apart, clearly this has been going on for months, unnoticed, as it happens early in the morning. Are they liable for the damage?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help with this. Yes, if the pipe belongs to your neighbour, or the discharge comes from their land and this discharge is causing damage to structures on your land - then they are liable. This is because under the common law of nuisance a person is responsible for discharges from their property. Does this resolve your question? Alex