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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a low point in our drive and a waste water gulley to

Resolved Question:

We have a low point in our drive and a waste water gulley to take drainpipe water and standing water to a ditch. (This was as we bought our property in 2005.) During a really heavy downpour the water cannot escape and forms a puddle, which disappears within a hour.

My neighbours have started to write emails saying they will sue me for flood damage. (The puddle is not near their property but does surround my gate posts leading to their property.) Clearly this concerns them so I've asked a farmer to dig out a deeper ditch, and found how the ditch system works around the farmers fields. There is not much I can do as the water has to go somewhere and we are on clay ground but I have installed a pump to manage the ditch water (to which the gulley drains) to allow any driveway water to soak away quicker.

This is successful but during freak downpours we do get a puddle, but so does the highway and surrounding areas and it does drain away.

My question is what else should I be doing to avoid being sued?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has any or will any damage be caused to the neighbours property please?
Customer:

Hi Alex,

Customer:

No damage has been caused to my neighbours property. No damage is likely to be caused as any surface water drains away. When I asked them about their concern they advised they had sunken their kitchen floor beneath their driveway and was concerned if water would enter their house.

Alex Watts :

Ok - in that case I would not worry about it

Alex Watts :

You can only be sued if actual damage happens.

Alex Watts :

If they then decide to sink their kitchen floor, that is not your fault, you can't be blamed for that.

Alex Watts :

If they increase a risk and something happens you can't be respononsible.

Alex Watts :

This is because they have created the situation for themselves.

Alex Watts :

Therefore you seem to have taken all reasonable steps and therefore there is nothing more you can do

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, that's very helpful, thank you so much.

Alex Watts :

Great. If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

System won't let me rate you, was going to click 'Excellent'.

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Thanks

Alex