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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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A lane (which we own, and is also a public footpath) leading

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A lane (which we own, and is also a public footpath) leading to our house, adjoins a field. Water runoff from the field floods the lane whenever it rains even flooding as far as our house. There are no ditches along the field side and it is somewhat higher that the lane.
Is it possible that we could legally ask the field owner to provide adequate ditching along the boundary?
thank you
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Nicola-mod replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.
1. An owner of land is liable for any nuisance which results from his land even if this is a natural user of land (Leakey v. National Trust). Accordingly, here, the landowner from whose land the runoff water is coming is liable to you in the law of nuisance for this discharge. this means that you can sue him for damages. It also means that you can get an injunction compelling him to prevent the run off. However , be aware that courts do not always a prohibitory injunctions. So this element of relief is discretionary. So a court is not going to force this landowner to ditch the boundary. However, the landowner might decide that this is the least cost method of preventing the water running off, which is causing a nuisance to your land.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, whilst you cannot force this landowner to ditch the boundary, you can write to him and state that he is liable to you in nuisance for the runoff water and accordingly, you suggest that he ditch the boundary so as to prevent the water runoff. However, it is within his power as to what method he chooses to prevent the nuisance cau
Expert:  Buachaill replied 1 year ago.
3. However, it is within his power as to what method he chooses to prevent the nuisance caused by the water runoff. You can sue him and get damages and an injunction against him. However, how he complies with this injunction or prevents more damages accruing to you depends upon what choice of remedial method he choses. he is not bound to chose to ditch the boundary.
Expert:  Buachaill replied 1 year ago.
4. If you want him to ditch the boundary, then I would suggest you speak with your neighbour and see if through negotiation he would be amenable to adopt this course of action. However, your neighbour does have the obligation of preventing the nuisance this runoff water is causing.
Expert:  Buachaill replied 1 year ago.
5. Please RATE the answer as unless you rate the Answer your Expert does not get paid so there is no incentive to answer any further questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience: Barrister 17 years experience
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