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Hello, I am a solicitor with over 15 years experience. I will try to help you with this.
Is there any particular reason why you do not want the builders your neighbour wants?
At this point he disagrees that the work we propose needs doing, i.e he does not want to pay. As the pipe is on my property it is me who will incur maximum flood damage in the future if the said pipe is not replaced, it is 174 years old. Sandra
What do your deeds say about cost and responsibility for this type of work? It will probably be quite difficult to get him to pay his share if he is reluctant to pay. If there is no written process for you to share these costs it will be practically impossible to get him to. You would need to get 2 drains experts to say the work was necessary and quote for it. You would need to give him both quotes and time to respond and then negotiate with him. By this time there has been more heavy rain and you are flooded again. in reality your best bet is just to get the work done.
I am having a second opinion about what I and my first builder thought necessary work. Basically I am stuffed. So if he does not maintain his gulley, which drains into our shared downpipe, what recourse do I have, should his debris block the new pipe that I have paid for and installed? Should I get a legal writ or whatever to cover me for the future? Thankyou Sandra
If defects on his property cause damage to yours and he has breached a duty of care to you and foreseeable harm has been caused then you will have an action against him. A blockage caused by an accumulation of debris (especially if you have warned him about it) would probably found an action. You wouldn't be able to do anything in advance though, simply claim for damage afterwoulds.
thank you. I am stuffed, basically. But at least I know it , legally. Me and my neighbour will have pistols at dawn. Sandra
Yes I did rate you, as good, you have given me more info since then, so your rating goes up one! Sandra