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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just replaced my fence with larch lap, PVC posts and

Resolved Question:

I have just replaced my fence with larch lap, PVC posts and 1ft concrete gravel boards, he has now raised the level of his lawn putting soil against the gravel board to about an 1" from the top of the gravel board, the lawn has been laid up against the fence. He has been watering the lawn leaving the hope pipe running for a long time, the water now comes into my garden from under the fence, what should I do, what can I do. The fence is mine.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Has the neighbour done anything different now from what he was doing previously please?

Customer:

Hi, Yes, when I removed the old one the bottom of the fence was rotten, the soil height was about 1" - 2" higher. I would point out that the fence was put up by the owner before me.

Alex Watts :

But has he always had a lawn and watered it please?

Customer:

Yes, it always has been a lawn, but not watered. We all back onto the Basingstoke canal and it leaks a little so the water level in the ground is high.

Alex Watts :

I not quite follow - has the lawn been replaced? If so as a result of you replacing the fence?

Customer:

Yes, after I replaced my fence some of the lawn has been replaced up to the fence, making his side higher, I found this out when I looked at the fence from his side as there was lots of water coming into our garden and the concrete gravel boards was wet through. we never had this problem before.

Alex Watts : But had it not been for the fence the lawn would not have been replaced.
Customer:

Yes, the lawn would not have been replaced

Alex Watts : But the water comes from his side?
Customer:

Yes it is

Alex Watts : Ok. This is class
Alex Watts : classed as a nuisance.
Alex Watts : If anyrhing flows from his garden to yours then it is a nuisance.
Alex Watts : The neighbour is liable for any damage and indeed need to make good the repair to stop it.
Alex Watts : You can ask him to make it good.
Alex Watts : But as this happened because of the fence replacement you may wish to contribute a cost.
Alex Watts : But the neighbour is responsible for making good the work.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you very much for your help.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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