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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I live on a private road and householders are responsible for

Customer Question

I live on a private road and householders are responsible for the upkeep of the street. My neighbour is responsible for a drain and when it rains the rain water floods the road and my hard standing - can he be sued?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
what problems does this cause?
Customer: replied 4 years ago.

It causes the road to flood to kerb height and this includes my hard standing, therefore I have to wade from my house to my vehicle. In time this water will cause damage to the road as it has already lifted some tarmac in my hard standing.

Expert:  James Mather replied 4 years ago.

This is common law nuisance.

You are entitled to compensation and to have the
nuisance abated.

If you can prove that the nuisance caused damage,
you are entitled to have the damage repaired and sue for the cost.

My suggestion would be to write to the neighbour
advising him to get the drain fixed failing which you will make an application
to court for an injunction to compel him to get it fixed and you were last the
court to award compensation/damages against him firstly for the damage and
secondly for the inconvenience. The latter would actually be more powerful if
it came from a solicitor. The fact that he may have "tried" is immaterial. He
needs to try harder or get a proper firm in to do it.


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