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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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I have flooding in to my garden when it rains. The water is

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I have flooding in to my garden when it rains. The water is coming through my stone wall from each one of 2 houses that are adjacent to me. One of these neighbours transferred dirt from his back garden in to the gap between my stone wall and his back garden fence. This has over time, solidified enough, to cause a dam that prevents the water from flowing away naturally and the resultant water pressure has caused the motor at the bottom of the wall to weaken allowing water to flow through.
My garden has a river flowing from the back garden passed the side of the house and in to the front garden and out to a lane that leads to the main road. We are flooded when it rains.
Where do I stand legally? What can I do?
Yours sincerely,
George Farago [email protected] [email protected]
01639-846117(W) or 01656-861129(H) and XXXXXXXXXXX M)

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What damage or problems does this cause?

How long has it been going on for?
Customer: replied 3 years ago.

The damage is to the mortar at the base of the stone wall. this is an old wall that has been in existence since well before my house was built and that has been on the site for more than 35 years.

We noticed the volume of water 2 to 3 weeks ago comming from the wall but some flooding was there to be seen for 6 months or more. Becouse it was out of our sight we din't notice that it was comming from the dividing wall.


Provided you can prove that the neighbour's work has caused this problem you have a claim against the neighbour in negligence for any damage which is caused by this and in common-law nuisance for the nuisance caused by the water.

If you can raise the issue with the neighbour so much the better and if he will deal with it all well and good.

If he will not you are not on good terms he may take more notice of a solicitors letter and failing that, you will have no option but to take him court.

Before rushing off and doing that I suggest that you get a surveyor to look at the situation to confirm that is where the water is coming from and that it is not caused by any other reason.

I would also suggest that you check your house insurances to see if you have legal expenses cover that would pay for the legal costs of this.

Can I clarify anything for you?

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