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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour wont repair her leaking gutter and the shared

Resolved Question:

My neighbour wont repair her leaking gutter and the shared drain that is on her side needs to be repaired as the concrete around it is broken or not there. The back of the drain against the house just as the wall of her house and is not sealed at all and there is a gap where water can go down. This drain is very close to the boundary line. I have in the past fallen out with my neighbour but she has been approachable on this. I have offered to pay towards the cost as it is a shared drain but she says that as the drain is in hers she will get it done. Could i not gain access to repair myself? At the moment there is no damage to my house but i am trying to prevent problems. This is has been going on for about five weeks and still not being repaired. What should i do and if i have to take legal action will it be costly?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help how.
On what basis does the neighbour refuse please?
Customer: replied 1 year ago.
Well she hasnt refused but she isnt doing anything. Im wondering what can i do if this isnt sorted out
Customer: replied 1 year ago.
She has had workmen in and said the work will be done then but she has said that it will be done that week and then it still doesnt get done, then she says next week and again doesnt get anything done.
Expert:  Ash replied 1 year ago.
Ok. Has she agreed to do it?
Customer: replied 1 year ago.
She has said that she will get her brother and his boss to have a look and sort it out. Apparently they work in property maintenence. But nothing is happening and i dont want to have to keep asking.
Expert:  Ash replied 1 year ago.
Ok. What you can do if that happens is get a local solicitor to write and ask her to do it within a certain period of time. If she does not you can apply to the court and ask the court to make an order that she does it.
The court will list the matter for hearing and decide whether to make an order. If the court does and they refuse this is contempt of court which she could be warned, fined or sent to prison.
But try the friendly approach first then a solicitors letter.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
If i have to get a solicitor and court involved how much money is this likelyto cost?
Expert:  Ash replied 1 year ago.
Solicitor letter probably £200. Initial court proceedings about £1500
But then if you win you can seek costs back.
Does that help?
Alex
Customer: replied 1 year ago.
Yes thx also does it make a difference that its not causing damage to my property yet?
How long should i leave it before speaking to her again. I have left it about a week and a half already.
Because the drain is shared do i have have a right to it being repaired?
Would i have to get a litigation sol?
Expert:  Ash replied 1 year ago.
No, you want to prevent damage and she has agreed to renew. You should give it another week.
Yes if it's shared it should be repaired. You would ideally need a litigation solicitor to help your case.
Does that clarify?
Alex
Customer: replied 1 year ago.
So i do have a right to ask for these repairs even though no damage has occurred? Also you said initial court costs £2000. What other costs might be involved?
Expert:  Ash replied 1 year ago.
If it is to prevent damage yes. But if no damage has occurred and not likely to occur then no.
Does that clarify?
Alex
Customer: replied 1 year ago.
No damage has occurred as yet but water could be going down to the foundations of both properties as its not watertight around the drain and the guttering could cause damp. So could i take action if necessary?
Also what other court costs might i incur as you said initial court costs are £1500. Would i incur more?
Expert:  Ash replied 1 year ago.
In that case you need a survey to see what damage if any may occur.
If the matter was contested and went to trial that could cost up to £10,000 or so.
But you need a survey to see whether there is or likely to be any damage.
Does that help?
Alex
Customer: replied 1 year ago.
But i wont be able to get a survey done as the drain is on her side. Whats happens if she doesnt allow me access?
Expert:  Ash replied 1 year ago.
Then you can apply to the Court for an order for access.
You can get this using form N208 above.
Does that help?
Alex
Customer: replied 1 year ago.
How much money would that cost to process the N208 form and put through court?
Expert:  Ash replied 1 year ago.
£250 issue fee and if you appoint a Solicitor around £1500 to get it through if not contested.
Alex
Customer: replied 1 year ago.
I thought that as it is a shared drain that i had some rights to be able to make repairs? Is that not correct?
Expert:  Ash replied 1 year ago.
If you are refused access then no,as you would still need a Court order.
Does that clarify?
Alex
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