How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

At the bottom of my garden, the adjoining land is higher than

Customer Question

At the bottom of my garden, the adjoining land is higher than my garden and water from that area ( a country park ) overflows into and drowns my flower bed, lawn and patio. I have asked the Countryside Management to address the situation but they cite that it has been like that for many years and they can do nothing. Are they trespassing ? What action can I take against them ?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. The answer to this is not necessarily simple. It is not about trespass but about nuisance, negligence or perhaps the rule in Rylands v Fletcher. Which came first your garden or the country park?
Customer: replied 1 year ago.
Hello. Thanks for your reply. Am trying to establish whether the house ( built 1993 approx ) was built in a country park or whether the park was established after completion of the estate. I think it may be the latter at the moment.