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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am experiencing terrible problems with surface water flooding

Resolved Question:

I am experiencing terrible problems with surface water flooding across my driveway. I have discovered that my neighbour has installed a soakaway on his property which is much higher than my land and directly above the flooded area. Are there any rules regarding the siting and installation of soakaways and do I have any recourse if it is his surface water causing my problems. A large part of the driveway is slippery from water and mud so unusable and I will have to pay for building work to relieve the problem.
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 :

For now please let me know whether you have had a survey done at all?

Customer: Hello, no I have not
Alex Watts :

Ok, you need to get a survey done first of all, this will look at what is wrong, what the cause is and what needs to be done to stop it.

Alex Watts :

You can then present this to the neighbour and ask him to rectify.

Alex Watts :

If he refuses then can get a Solicitor to write and ask him to rectify or say you will go to Court.

Alex Watts :

If he refuses then you can issue Court proceedings

Alex Watts :

Once the matter is listed for Court you can use the report to show the Judge what is wrong and what needs to be done

Alex Watts :

You can seek a Court order to make him do the work

Alex Watts :

If he refuses and the Court orders it then he would be in contempt of Court and could be warned, fined or sent to prison

Alex Watts :

Any legal costs can be recovered through the Courts

Alex Watts :

Can I clarify anything for you about this today please?

Customer: When you say a survey, what sort of specialist do I need to use for that? And to state the obvious, are you saying that he is not entitled to drain his surface water onto my land?
Alex Watts :

Yes he is entitled to drain the water, but it should not cause you any nuisance.

Alex Watts :

As for a survey you need one who specialises in flooding

Customer: So if I prove that it is causing me nuisance then he is obliged to rectify the matter?
Alex Watts :

It may be that the neighbour needs to pay for the remedial work

Alex Watts :

Yes that is right

Alex Watts :

But for that you need a surveyors report to show what the problem is etc

Customer: A report that confirms the water is coming from his land drain?
Alex Watts :

Yes but why its coming and how it can be fixed

Customer: Ok thank you
Alex Watts :

can I clarify anything else for you?

Customer: No, that's good for now thank you
Alex Watts :

Great. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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