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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Negligence of farmers causing our property to flood despite

Customer Question

Negligence of farmers causing our property to flood despite living on a steep hill.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, if your land is flooding as a result of the actions of land further up the hill, then you can sue the owner of that land for causing your land to flood. This is because since Leakey v. National Trust a person is responsible for both the natural and non-natural egressions of material from their land. Accordingly, if water is flowing off land and can be prevented from doing so, liability will result if a person does not take remedial action.

Expert:  Buachaill replied 1 year ago.

2. Similarly, if farmers are not maintaining their land to prevent flooding further down, you can sue them for damages and an injunction compelling them to take remedial action to prevent the flooding. Accordingly, if the farmers are negligent in their management of their land, you can sue them for any failure to properly farm and maintain their land.

Expert:  Buachaill replied 1 year ago.

3. If you want to provide me with further facts, I will be happy to assist further. However, Please Rate the answer as unless you Rate the answer your Expert does not get paid for answering the question.