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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My question concerns a neighbour dispute. Is this something

Customer Question

My question concerns a neighbour dispute. Is this something you can help with?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Yes, shall I provide the full details now?
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

What is the nature of the dispute please?

Customer: replied 1 month ago.
My next door neighbours have recently completed a single-story side extension after receiving planning permission. It occupies the space where there used to be a front side garage which they demolished to build the extension. At the moment the extension runs exactly adjacent to our front side garage, and to a side conservatory that we have behind the garage. There is a narrow gap between their extension and our property. We completed a party wall agreement with them before they built the extension. Their extension is purportedly built up to the boundary line, although I do not know where our exact boundary lies. Since they built the extension we have experienced flooding into our garage which we have not had before. Builders have advised that the reason for this is the following: (i) a side down pipe we have on our garage, on the same said as the neighbour's extension has becomd blocked (partly with their buildling debris) and so water is spilling over the gutters and into the gap between the two properties; (ii) water that ends up in the gap between the two properties will travel in our direction rather than dispersing into the ground as it used to because they have dug deep concrete foundations on their side which means the water has nowhere to go except to our side that does not have deep foundations. This is overwhelming our garage so water is seeping up through the floor. To complicate matters we are now unable to access the side downpipe to clean it out/replace it because the gap between the two properties is too narrow for anyone to get through to the downpipe. We used to be able to access it because the gap was wider. So we have been advised to re-route our gutters and have a downpipe at the front of the garage and a new drain there which will be expensive to dig. In addition, the gap between the two properties needs to be covered over with lead flashings so rain water does not continue to fall in there. Also, further back we have another a downpipe on our side conservator (i.e. in the gap between our house and their new extension). This downpipe appears to have been removed by our neighbour's builders when they constructing the extension because the gap between the two properies there is so tight there was not space for our downpipe. We have been advised we have to therefore put a new downpipe in at the back and change the gutters, incurring further expense.What is the legal position? Do we have claims against our neighbours in either negligence or nuisance and can we ask them to compensate us of the costs of putting rights the gutters/downpipe, covering the gap between the properites, and any additional expenses we have incurred due to the flooding.
Customer: replied 1 month ago.
Sorry I don't understand how this system works. Will I get an answer to the question and if so, roughly when can I expect an answer?
Expert:  Jo C. replied 1 month ago.

Thanks for the information.

This is clearly not my area so I will opt out.

Expert:  Nicola-mod replied 1 month ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 month ago.
Dear Nicola, I don't mind waiting if I will get an answer that actually explains what the legal rules governing a dispute like this are. I want to know whether I can say to my neighbours that, on the face of it, they are obliged to compensate us or not because in principle we have a claim in nuisance, for example. If it is possible to find a professional who can answer that question then I don't mind waiting. If the answer if going to be very general - something that just advises me to instruct a solicitor for further advice without actually telling me what, in principle, the position is than I don't want to continue waiting. Hope that makes sense
Expert:  Nicola-mod replied 1 month ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 month ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 month ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 month ago.
Dear Nicola, that is disappointing as I have waited a long time and the area of law I wanted advice on is not at all obscure. Please could I close the question and have my deposit refunded. Many thanks.

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