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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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My neighbor erected new guttering on his house and removed

Customer Question

My neighbor erected new guttering on his house and removed his down pipe and over hung it over my property, thus trying make use of my guttering and down pipe and sharing my drainage. But where it over hangs rain water now runs down my extension wall and has caused a damp problem on this wall. Also the fencing between our properties came down in last years storms and he still hasn't replaced it leaving the same damp wall even more exposed to the elements. Is there anything I can do, is he liable for the damp damage. Unfortunately he is an approachable or reliable person.
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

It sounds like he may well be responsible in law for the cost of repairing the damage he has caused.

Customer:

Are you neighbouring terraced houses? The image I have is of some guttering extending from his roof gutter in open space then ending and water coming out of the end aimed for you guttering but missing in part. Is that right?

JACUSTOMER-c174wukk- : That's right our properties are terrace but my deeds state no shared drainage also.
Customer:

Ok he seems quite clearly to be responsible in both negligence and nuisance for what he is doing to your house. He cannot simply divert water from his roof onto your property, unless this has happened for 20 years or he has a specific right to do so. Any damage caused he should pay to fix. Is he aware of this problem?

JACUSTOMER-c174wukk- : So I need to speak to him point out the fact he should not have done this work with out my consent, and it is his responsibility to fix these issues. As I have the law on my side?
Customer:

Yes but perhaps best to nicely point out the problems to your house and that they seem to be caused by what he has done and that you would like him to fix the guttering. It might be worth getting a price for fixing the damaged wall as you may need to decide whether the damage to your relationship with your neighbour is worth it.

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