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Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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We live in old converted buildings. Historically all my neighbour's

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We live in old converted buildings. Historically all my neighbour's rainwater ran over our bedroom roof and came down in such quantity that it was causing the roof to leak - the room became uninhabitable because our neighbour said he woulnd't let us do anything to house to help stop this. Eventually we had a roofer direct the water away from this roof onto a valley (100% ours) which resulted in the neighbour having to deal with some of this water via a hopper at the end of the valley on his side which then apparently goes into his septic tank. He maintains that his septic tank cannot deal with this amount of water. We have split the rainwater from his roof area (7 pitches) to as close to 50/50 as the roofers can manage. One side of the valley where his water lands goes my way and the other goes his. He will never be satisfied with this as far as I can tell. My roofer says its the neighbour's water and he should deal with 100% of it. Is he right please? Regards ***** *****
1. Dear *****nah, your roofer is correct in that in law, the onus is on each property owner to deal with the water coming onto their roof. Here, that means that your neighbour's rainwater should be directed by him so that it is taken care of on his side of the boundary. Here, your neighbour should have some other method of dealing with his rainwater other than having it flow into his septic tank where the foul water in his septic tank mixes with the rainwater. Instead, proper planning requires that run-off water, which the rainwater is, should be dealt with separately from sewage which should be what solely goes into this septic tank. Here your neighbour should deal with all the rainwater on his roof and create an appropriate channel to take it all away.
2. You should look at the roof and figure out how to direct all of your neighbour's rainwater into whatever part of his roof will take it, if it is causing you a problem on your side. The bot***** *****ne is that you don't have to put up with your neighbour's rainwater causing problems for you.
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