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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 16732
Experience:  Solicitor
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We are having neighbour disputes. It started last year when

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We are having neighbour disputes. It started last year when our neighbour cut a considerable number of branches a tree in our garden. We accept that they were entitled to cut these branches back as far as the boundary but they cut them at least a metre further into our garden. We spoke to them about this but unfortunately an argument ensued and since then neither they nor us have spoken to one another.Recently, however, they have begun piling their unwanted stones from a wall which was demolished by the previous owners onto our property. My husband took up the issue with the woman next door and again a row ensued, culminating in her stating that when we go on holiday they intend to cut down a hedge between the 2 properties, which belongs to us and also to cut down the tree in our garden and erect a fence. We have written them a letter stating that this would constitute criminal damage. To date we have not had a reply to this.Another matter which is of more importance to us is that when our house was built in 1975 the house in which they live was already in existence, although they only moved here in approx. 2015. The person who built the house, the owner occupier had used the land which our house stands on for a soak-away for his surface water. This has caused our garden to be very wet on occasions but we were not sure of our legal position. Since these new people bought the house, however, they have greatly extended the house and also laid a patio which also drains into this soak-away, with the result that our garden is now flooding during times of wet weather, What we want to know is whether we are within our rights to cut off this soak-away. We have obtained a copy of their deeds from the Land Registry and there is no mention of an easement for this soak-away either on their deeds or on ours, which are in our possession.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What is it you want to know about this today please?

Customer: replied 2 years ago.
Are we within our rights to cut off the soak-away from our neighbours surface water which is draining onto our garden? They have no easements rights onto our land but have them over the properties at the rear. Over the years there have been 2 large extension plus a large patio area which are draining into this soak-away causing this to over-whelm the soak-away and flood our garden.

If it on your own land then yes.

If the answer is no, then you would need a Court order to prevent the discharge onto your land.

Whilst a Court would never make an order that rain etc can't come onto your land, where it is man-made, such as a soak-away and that drainage is coming onto your land, then yes a Court can order that is removed.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 2 years ago.
Can you clarify your first sentence. The water comes off their roof and patio but the soak-away was sited well into what is now our garden.

Then you can remove it. It is on your land

Does that clarify?

Customer: replied 2 years ago.
thank you. Does the fact that it has been there for a considerable number of years make any difference?

No, it is your land. It always is and will be

Does that assist?

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Customer: replied 2 years ago.