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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my neighbours have concreted their front garden they have done

Resolved Question:

my neighbours have concreted their front garden they have done the run off to my front garden the builders left their garden covered in sand and cement which has blocked my drain it is full to the top.my block paving has now sunk in certain areas and bowed out in others. their intention was to go down the jennel that separates our two homes but the run off to that would be my back garden.ive sent them a quotation to unblock my drain and put drainage in but they say its my fault my drain is blocked as my builder block paved just before the jennel doing the run off to my drain i have got my deeds and the bit of land before the jennel is mine do i have a case for small claims court
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the block paving completed before they concreted their land please? If so how long before roughly? From what you say you had no difficulties before they concreted their land?

Customer:

my block paving has been there for 10 years with no problem.ive never had a problem with my neighbours in 20 years ive spent in excess of £500 repairing their fence as i have dogs ive also took them in to my home for christmas dinner its hard to understand why this is happening

Joshua :

Thanks. The legal position is that if the run-off is being caused by natural flow of water across or under the neighbouring land then you have no redress against the neighbouring landowner. However if it is being caused by activities or modifications to his land which from what you say is the case then you do subject as follows. You may need to consider a report from a surveyor if the matter is disputed.

Joshua :

If the neighbouring landowner has enjoyed the right of run off onto your land as a result of his modifying the same or otherwise for 20 years or more which I do not think is the case from what you say then he may have gained a prescriptive right to continue to do so. The onus of proof is on him in this respect. From what you say I do not think this will apply as presumable the concreting is relatively recent

Joshua :

Initially a constructive rather than litigious approach would typically be the first approach whereby you attempt to work with him to solve the issue rather than against him. This will depend on his willingness to address the issue. Consider retaining a specialist contractor or surveyor to survey the land and advise and quote on solutions which will give you something firm to go forward with and to approach him or his insurer with.

Joshua :

If all else fails you will need to look at obtaining an injunction against him to order that he stops running water onto your land and a claim for the damage caused to your property after you first brought the matter to his attention and he failed to do anything about it.

Joshua :

To apply for an injunction you would need form N16A

Joshua :

n16a

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Joshua :

In order to claim damages to your land you can issue using www.moneyclaim.gov.uk

Joshua :

Is there anything above I can clarify for you?

Customer:

my neighbours had grass before december 18th. at first i thought they had had cowboy builders but soon realised that the builder is a friend of theirs who comes to their home every week finishing off their garden.ive had an arguement with him about the state he has left my garden. my drain is totally blocked after the wettest jan on record there is no where for the water to go. are they allowed to do the run off to my garden without asking me .i wouldnt have allowed it .my garden is like a river when we have heavy rain quottes to fix the problem were £660 they refuse to pay it saying its my fault

Joshua :

the issue relates to both resolving the blockage but also preventing the continue run-off onto your land in the future as well as the damage caused to your land. If you are unable to reach agreement between you and your neighbour, you can resort to do to gauge the using the above application forms and services through the courts

Joshua :

is there anything else I can help you with on the above?

Customer:

do i have a case for small claims court i have a builder who will come to court with me to state the long term damage this will do to my garden.the damage thats been done is only one month of wet weather. the quotte i gave them was to unblock my drain and put drainage in

Joshua :

in respect of the damage caused to your property, providing you can produce evidence demonstrating the cause of the damage and that you have contacted the neighbour who has subsequently do nothing about it, he would appear to have the basis of the claim both for trespass occasioning damage to your land and for negligence on the part of the neighbour for the damage caused to date to your land and property. in addition to the quote for your drain however you would also appear to have acclaimed damage caused to your paving and any future damage that is caused until the matter is resolved. as above, in addition to a small claim however an injunction application may be considered to require the neighbour to make alterations to run off

Joshua :

Is there anything further I can assist with?

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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