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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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We are in the process of having to obtain quotes to build a

Resolved Question:

We are in the process of having to obtain quotes to build a boundary wall across the gable and adjacent to our property to prevent future flooding to our property. We have had two instances within a year whereby we were the only flat affected by flooding sea water whereby we had to be decanted into temporary accom. We are 4 in a block (2 attic) and two semi-basement / first floor, one of which is ours. We have taken steps to mitigate the risk which includes building a porch to the side our of property where the water ingressed the first time. However during the recent incident we were at home and watched the water travel round the front of the building via the communal garden and basement, and it then seeped into our hall and stairway. A communal boundary wall needs to be built to divert any sea water onto the main road and away from the front of the property. One of of three neighbours is refusing to pay and I need advice about what to do to ensure this work can progress as my insurers are insisting we take further mitigating action.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Two possibilities:
1. If your title deeds provide for all parties paying the cost of such works then the neighbour can be pursued for her share of costs.
2. If the title deeds don't provide for this then the Tenements Management Scheme may help you and a meeting of proprietors and a majority vote could deal with this and again the neighbour could be pursued for her share of costs.
Happy to look at your title if you can send it to***@******.*** and ask the moderator to send it on to me to examine.
I hope this helps. Please leave a positive response so that I am credited for my time.
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