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Hello, my name is Tony and I can answer this for you.
Is the drainpipe actually leaking or causing some problem that is making her wall damp?
No but at the bottom the water goes over her side because her drive is lower
Is this natural drainage that goes into her land, as opposed to a defect with the drainage?
Yes it's just rainwater
There isn't a drain at the bottom of the pipe just a concrete groove that runs down our drives to the drain in the road, but it does go mainly on hers
If the water flows natually into her land, e.g off the roof, or through the ground, there is no general right for a neighbour to prevent that. If it is channeled on your land and then gets directed into hers, then potentially, she can force you to take steps to prevent that.
Technically, that might be something she can force you to take steps to prevent, because it is chanelled through the downpipe and then ought to be discharged into a drain.
Even though it was like it before I moved in?
Ok thankyou for your help
You could try and argue that it's been like that for too lond (potentially in excess of 7 years) and hence they are prevented from taking action now, but I doubt that argument is a good one because it is a continuing nuisance at law.
(sorry, "lond" meant "long")
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Thank you. Have a great day.
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