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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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Hi I wonder if you could help me...We renovated a cottage on

Resolved Question:

Hi I wonder if you could help me...We renovated a cottage on the west coast of Scotland seven years ago... There were numerous hill trenches running alongside said cottage and were prone to flooding because the landowner did not maintain said trenches.... Eventually during the build after a storm one trench burst it's wall and flooded our cottage and land, approximately five thousand gallons, we put in emergency piping to help offset the amount of water which has beneficial, the shutter and drain are on neighbours land but the pipe work we put in runs into existing drainage on our land , new neighbours want to put extra pipe work in on their land but have approached us to pay half the cost...I'm struggling to see why we should pay half ..... Any advice
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
My advice is that you have the title deeds examined both for your property and the neighbouring one to see what the deeds say about the cost of drainage and the installation, maintenance or renewal thereof. If there is nothing to suggest you should be liable for half the cost then you are not liable to pay a half share of the cost. Almost invariably, the title deeds govern this type of situation in Scots property law.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Hi, thank you for your answer.
Just to clarify...does this law still apply if the actual trench is NOT on our land but runs adjacent? Is actually a hill drain running onto neighbours land?
We put run off pipes in to stop flooding on OUR land and it has achieved that purpose to the benefit of our land, I apologise if I'm being a little dense
Thanks
Expert:  JGM replied 2 years ago.
Yes, if the titles say so, and generally only if the titles say so, it is entirely possible that you could be liable for the cost of maintnance, repair and renewal of pipes on adjacent land if your own property is affected by them or uses them in some way.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you so much for your help and speedy reply.
Have a great week
Expert:  JGM replied 2 years ago.
You're welcome.