It causes the road to flood to kerb height and this includes my hard standing, therefore I have to wade from my house to my vehicle. In time this water will cause damage to the road as it has already lifted some tarmac in my hard standing.
This is common law nuisance.
You are entitled to compensation and to have thenuisance abated.
If you can prove that the nuisance caused damage,you are entitled to have the damage repaired and sue for the cost.
My suggestion would be to write to the neighbouradvising him to get the drain fixed failing which you will make an applicationto court for an injunction to compel him to get it fixed and you were last thecourt to award compensation/damages against him firstly for the damage andsecondly for the inconvenience. The latter would actually be more powerful ifit came from a solicitor. The fact that he may have "tried" is immaterial. Heneeds to try harder or get a proper firm in to do it.
Does that answer the question? Can I assistfurther or answer any specific queries?
If you have not done already, please don't forget to positivelyrate my answer service even if it was not what you wanted to hear. You shouldnow see a series of buttons which enable you to rate my answer service formally.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
The thread does remain open for me to answer follow-up questionsafter rating my answer service.Rating doesn't close the enquiry atall even though the site may give that impression. It remains open for you toread and ask for further clarification.Regards.
PS Experts on here are online and off-line all day each day andweekends so please bear with me if I do not get back to you immediately.
PS. I use voice type, voice recognition typing because I onlytype with two fingers and it would take me ages. Sometimes, a computer does nothear me correctly and you will get an incoherent word. I do try to butsometimes they slip through. I apologise therefore if anything doesn't make sense.It is me losing it, not you. Just ask if anything is not clear please.