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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice.
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I have had damage and disruption to myself and my property

Customer Question

I have had damage and disruption to myself and my property because of a building site adjacent and behind my property do I have a case for compensation
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What kind of disruption please?
Customer: replied 2 years ago.

my sewage pipe has been cut and blocked causing sewage to back up

we have had to move vehicles and ensure someone was home so sewage truck could empty manhole every day

pieces of debris flying into garden and causing damage

double yellow lines put outside the house so we can no longer park there

the mess of trucks leaving the site being carried into the house

Expert:  Remus2004 replied 2 years ago.

You have a claim against whoever cut the pipe and caused the sewage backup in respect of the cost to repair and empty. Your claim is in common law nuisance and negligence

You have a claim in common law nuisance in respect of the general inconvenience.

You have a claim in common law nuisance and negligence with regard to the debris and the damage.

You have no claim because the local authority have decided to put yellow lines outside the house.

You have a claim in common law nuisance in respect of the mess being carried into the house.

However if the company were not put their hand in their pocket and let you have any compensation, you will have no option but to sue them in the Small Claims Court.

Quantifying the damage caused by the debris and the cutting of the pipe and sewage removal is easy because that is valued whatever it cost to put right

Valuing inconvenience and nuisance is not an exact science and is likely to come into hundreds of pounds and not thousands of pounds.

It’s unlikely that you would get solicitors to deal with this no-win no fee and therefore you would have to pay the legal costs of going to court. Whether you won or not would come down to the individual judge. I can see no reason why you could not win certainly on the negligence and damage issues but with regard to the nuisance, it would depend on what proof you can put forward as to the extent of the nuisance.

You have a claim to bring the compensation but it’s not an easy claim at all.

Can I clarify anything for you?

Customer: replied 2 years ago.

only 1 question am I likely to be out of pocket for this

Expert:  Remus2004 replied 2 years ago.

If your claim is under £10,000 it should be held in the Small Claims Court and therefore, legal costs (other than court costs) are not usually awarded against the party that loses but they are not awarded in favour of a party that wins either.



If you lost, you would lose the court issue fee and the hearing fee which could total a few hundred pounds

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69786
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your time

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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