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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Council owned land adjacent to mine property has excess surface

Resolved Question:

Council owned land adjacent to mine property has excess surface water which flows onto my concrete driveway. This continual flow has overtime caused damage to the driveway requiring repair. Also at times of frost the surface ices over and is dangerous. There is a public footpath across my driveway and the council owned land. Is there any legislation that requires the council to take action to a: prevent the overflow of water and b: repair the damage to my driveway?
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.

Alex Watts :

This is called a nuisance and if your property is damaged as a result of water flowing then you can claim

Alex Watts :

What you need to do is first complain to the Council and get them to look at it.

Alex Watts :

if they do nothing or refuse then you need to get a survey report done

Alex Watts :

This will highlight what the problems are and what the council should do. You send a copy of this report to the Council and ask them to act.

Alex Watts :

If they refuse then you can issue proceedings for the damage caused and seek an order they do the works.

Alex Watts :

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not hen you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

You are asking the Court for an order for compensation and that they do the work. The report you obtained earlier can be used within these proceedings.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

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