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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My parents have a house which is located on a hill. They have lived there since 1975, the

Customer Question

My parents have a house which is located on a hill. They have lived there since 1975, the house being built in 1940 or thereabouts. There has never been an issue with water drainage before, but during December 2015, an excessive amount of water came down the road. The camber of the road forces any surface water, which cannot be taken away by road drainage to exit onto properties located on the side of the road where my parents live. The front door to my parents house is some 8 feet below the road and the excess water cascaded down the steps from the road to my parents front door and into the garden. A true waterfall. The land was that sodden that it caused damage to the rear of my parents property in that part of a steep bank at the bottom of the garden slipped down. I am discussing this matter with the highways authority but as usual they disown all responsibility. I believe the authority is negligent in that the discharge of water onto my parents land is not by accident.
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.
Hello my name is ***** ***** I will help you.
What did the survey say please?
Alex
Customer: replied 12 months ago.
The survey has not been undertaken as yet. It should be finished by the end of this week. Video footage of water draining down the hill shows it forces the water to drain towards the LHS of the road and if the drainage holes and drains are not sufficient then the water will enter my parents property as it did on 3 December 2015. Photos of the water also cascading down the steps to my parents house were also taken
Customer: replied 12 months ago.
I have had a structural engineer look at the problem and his thoughts about error in highway construction etc. were similar to my own. The survey is being prepared to assist us in negotiations with the Highway authority.
Expert:  Ash replied 12 months ago.
Ok. I would get the survey finished and send it to the Hghways Authority and ask them to act on it. If they refuse then you have 2 courses of action
1) Sue for nuisance. The water is a nuisance and it flows because of the road. You could sue for this and ask the court to order that the Highways Authority do the work suggested by the report.
2) Consider a judicial review. As the highways authority is a public body their refusal can be reviewed by a high court. A judge will consider the evidence and decide whether their refusal is legal and reasonable. A judge can agree with the decision or remit it back for further consideration.
Of course given the nature of this you may not get legal aid and if you lose then you would be liable for the costs of the authority.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 12 months ago.
Hi Alex, Thank you for your input. I wonder whether another action would be to sue for trespass on my parents land. My parents and I are willing to sue if necessary, but this a last resort. In my opinion you only sue if you are willing to go all the way and be minded that it takes time, its stressful and costs a lot of money; especially where you are using outside experts on top of any legal team. Is there any case law you can refer me to please where something similar has been considered by the Courts? Our end goal is get the highway authority to change the camber of the road and stabilise the bank which has been damaged.
Expert:  Ash replied 12 months ago.
Nuisance is the action rather than trespass. But it seems that a Judicial Review would be more appropriate to achieve your goal.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 12 months ago.
Alex. Thank you. Yes. It is an unfortunate situation and my parents, father 86 and mother 85, are funding it difficult to work out what to do and are needless to say worried. Thank you for your assistance.
Nigel
Expert:  Ash replied 12 months ago.
Happy to help Nigel and I wish you the best of luck.
Alex
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