How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

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
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions