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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My neighbours property buts-up to my boundary wall, which is

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My neighbours property buts-up to my boundary wall, which is the rear wall of my house. During the heavy rain storms we experience during the past years, water ponds in my neighbours garden against the house wall and causes dampness to my house, which is a 150 y.o. barn conversion. The accumulation of water in the neighbours garden is predominantly due to his house roof water being drained directly into his garden. The neighbour considers this to be my problem and suggests that I arrange to drain his garden, where I consider that it is his responsibility and should drain his house roof water into the municipal drain connected to his house.
Please advise if there is an appropriate "UK Property Protection Act " which will help to clarify may my rights, under the Law, in this issue?
and thanks Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
As damage has occurred to your property, you should write to your neighbour explaining that you hold him responsible.
If he still takes no action, you would, particularly having sent the above letter to him, have a clear case against your neighbour both in respect of negligence and in respect of trespass occasioning damage to your property. Both of these claims are within the remit of "common law" and there is no specific Act/legislation I can refer you to.
You would have a claim in respect of both the cost of repairs to your property and if it were necessary to prevent further water damage in the future the right to consider an application injunction against your neighbour in respect of the flow of water onto your property.
You will need to see a Solicitor to progress these matters and make the necessary applications to Court, if the worst came to the worst.
I hope this helps you and sets out the legal position.
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