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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Am I responsible rainwater run off going on to a neighbours

Customer Question

Am I responsible for preventing rainwater run off going on to a neighbours property
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Mr. Newbitt, I regret to say that you are responsible for ensuring rainwater from your premises does not run off into a neighbour's property and cause a nuisance. You have to ensure that, for example, the rainwater runoff from your roof, goes into your gutters and that any downpipe from your roof goes into whatever storm drain is available.

Expert:  Buachaill replied 1 year ago.

2. Under the law laid down in Leakey v. National Trust an occupier of land is liable for all natural as well as non-natural substances egressing from his land if they cause a nuisance to his neighbour. Accordingly, if your rainwater causes a nuisance to your neighbour, you are liable for it and can be sued in damages.

Expert:  Buachaill replied 1 year ago.

3. Please Rate the answer as unless you rate the answer your expert will receive no payment for answering your question.

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Customer: replied 1 year ago.
Thank you for your reply however my concern was not for rain from the roof and guttering but run off from my driveway which is about 18inches higher than my neighbour's. I have made provision for water from roof and gutterings to discharge away from her property .
Customer: replied 1 year ago.
I did not receive a reply to my follow up question. Am I responsible for preventing run off from my driveway to my neighbours driveway which is lower than mine.
Expert:  Buachaill replied 1 year ago.

4. Yes, you are responsible for preventing run off from your driveway to your neighbour driveway which is lower than yours. As I mentioned in my earlier answer, you are responsible for all naturally occurring emissions, such as rainwater which leave your land and which might cause a nuisance to your neighbour. So, you should channel the run off from your driveway into a channel which takes it away from your neighbour's land and instead which goes into a storm drain.

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