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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What does the law say when someone diverts water from their

Customer Question

What does the law say when someone diverts water from their flooded field via a stream
that runs through my field.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

This is called a statutory nuisance.

Alex Watts :

You should first inform the Environment Agency.

Alex Watts :

If your field is being flooded then you can sue the person that diverted it for loss and damage.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

My field isn't flooded its just that there is more water flowing in the stream.

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

My field isn't flooded its just there is more water flowing in the stream.

Expert:  Ash replied 3 years ago.
If there is more water flowing then unless it is causing loss or damage you can't do anything save for complain to the Environment Agency.

Does this assist you?

Alex

Customer: replied 3 years ago.

Yes thank you Alex.

Expert:  Ash replied 3 years ago.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/