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Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10090
Experience:  30 years as a practising solicitor.
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We have a caravan site next to us and they are putting a soakaway

Customer Question

We have a caravan site next to us and they are putting a soakaway 100 feet from the boundary of our house. where do we legally stand with this issue. We have contacted the local council and SEPA
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What is your specific concern about this soakaway being 100 feet from your boundary?
Customer: replied 3 years ago.


I'll ask you a question would you like a soakaway 100 ft from your front door


That's the issue. the field floods so when it does who will be responsible for the damage to my property The caravan park the local council or SEPA.


We have been in the place for 56 years we know the land. Another question is what are our rights and can we claim compensation as there is no likley hood we will be able to sell our property now.


What are our rights and how do we go ahead to stop this happening.

Expert:  JGM replied 3 years ago.
I have a soakaway less than 100 feet from my back door and it has never caused a problem. I don't have a flooding issue, however, so I assume that is the problem you have.

Here's what you have to do.

You need to get a report done by a company specialising in environmental reports to report on the likely effect of having the soakaway so near to you given the land conditions. Envirosearch may be able to help you. See www.landmark.co.uk.

Assuming that report is adverse, you then have to raise proceedings in court for interdict against the installation of the soakaway. The report will lay out the basis of why you are entitled to the remedy of interdict. Your solicitor will also want to apply for interim interdict to stop any work being done on this at all whilst the court process is ongoing and before the court reaches a final decision. An interdict, as you probably know is an order of the court preventing someone from doing something, such as building a soakaway and this order supersedes any planning permission that may or may not be in force.

You will have to underwrite the costs of this action, which will be several thousand pounds, but you can claim judicial expenses from the defending party as part of the process.

Finally, the answer to your other question above is that if the soakaway does go ahead and if there is damage to your property as above, you would have a right of action against the owners of the site as well as the council for granting planning permission and SEPA for issuing a consent.

Happy to discuss further.

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