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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
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Hello, At the side of my house and garden there is a single

Customer Question

Hello, At the side of my house and garden there is a single story building belonging to a shop. My back garden wall comes off at a right angle to this building. The wall has just been rebuilt in part after being hit from the back side. I have payed to have the wall rendered ready to paint. The problem is that the gutter on the shop building leaks in five different places. And water POURS on to my garden and down my adjoining wall. I have asked and written to ask the shop owner to secure the gutter to stop it pouring on my property. He hasn't had the courteously to reply or repair the gutter. What steps should I take to protect my property.
Thank you XXXXX
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Have you asked the shop owner if he will let you fix the gutter?
Customer: replied 2 years ago.
No, I am not in a position to fix the guttering my self. And I certainly would not pay to do so
Expert:  Remus2004 replied 2 years ago.
Thank you. The reason I asked that is that if you took this to court, although you are likely to win, it could cost you a couple of thousand pounds to get there although the legal costs of the action (if successful) would be borne by the neighbour with the leaking gutters.
That is why I asked whether you are in a position to pay for the go-to repairs yourself because it would be much cheaper to get that done and then sue the neighbour in the Small Claims Court.
As it stands, you have to bring a claim against the neighbour in common-law nuisance.
You might want to get a solicitor to write to the neighbour threatening a court application if he does not get the gutter fixed.
Tell him that the court application will be for compensation/damages for the problems this is causing to your property and solicitors and court costs.
It is worthwhile checking your house insurer to see if you have legal expenses cover that would pay for the legal costs of dealing with this.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you for your help
Expert:  Remus2004 replied 2 years ago.
No problem. All the best.

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