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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I live in a grade 2 listed cottage which is joined to another

Customer Question

I live in a grade 2 listed cottage which is joined to another one(formerly all one farm house) Over the last 3 years I have asked my neighbour to dig away the garden soil in his garden which is against my kitchen wall. The wall is built of stone with lime mortar and it is deteriorating rapidly due to constantly being soaked. The plaster has now blown and is falling off the wall and I have to keep the aga on even in the summer to try to keep a level of dryness. When rain is very prolonged and heavy it causes flooding across the floor. The neighbour does not live in the property and seldom comes down but does sometimes rent it out to holiday makers. At first he refused to acknowledge the problem saying no-one had had aproblem before. Not true as I have spoken to previous owners and tenants. Now he says he will dig it out but constantly makes excuses to not do it. what do I do?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

If his land is causing damage to yours, as appears to be the case, then you should be able to insist that he remove it or that you will issue proceedings based on the law of nuisance.

tdlawyer :

You can ask the Court for either force him to remove the soil, or alternatively, grant an order permitting you to do so and preventing him from stopping you.

tdlawyer :

This is similar to the case of Leaky -v- National Trust, where the court held as a matter of legal principle that one landowner should prevent a state of affairs on his own land that causes damage to his neighbouring land: http://www.e-lawresources.co.uk/cases/Leakey-v-National-Trust.php

tdlawyer :

I see you've gone offline - when you're back, I'll gladly continue this chat with you.