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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11430
Experience:  30 years as a practising solicitor.
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can you legally divert water away from your property if it

Resolved Question:

can you legally divert water away from your property if it is running off a road into your property? If so, what happens if that moves onto a neighbour?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You can take steps to divert water from your property but you can't do it in such a way as it causes a nuisance to other neighbours. They have a common law right, and usually a right in their title deeds to peaceable enjoyment of their property.
From your description the council should not be allowing the water to run across the main road so the starting place would be the braes owner and the council.
I hope this helps. Please leave a positive response so that I am credited for my time.
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