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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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At the bottom of my garden, the adjoining land is higher than

Customer Question

At the bottom of my garden, the adjoining land is higher than my garden and water from that area ( a country park ) overflows into and drowns my flower bed, lawn and patio. I have asked the Countryside Management to address the situation but they cite that it has been like that for many years and they can do nothing. Are they trespassing ? What action can I take against them ?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. The answer to this is not necessarily simple. It is not about trespass but about nuisance, negligence or perhaps the rule in Rylands v Fletcher. Which came first your garden or the country park?
Customer: replied 1 year ago.
Hello. Thanks for your reply. Am trying to establish whether the house ( built 1993 approx ) was built in a country park or whether the park was established after completion of the estate. I think it may be the latter at the moment.