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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We live is semi detached property with a flat felted roof,on

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We live is semi detached property with a flat felted roof,on either side of the properties there are one individual drainage down pipe whilst at the rear there is one joint down pipe our problem is the actual down pipe is on our side whilst the roof out let is next door a few inches away from the pipe we hav
JA: Where are you? It matters because laws vary by location.
Customer: Hull
JA: What steps have you taken so far?
Customer: Our problem is they have felted over the outlet preventing drainage
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Is this legal?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

may I clarify, you refer to an outlet in your question above. What exactly are you referring to here please? Are you referring to the point at which the downpipe emerges from the guttering or are you referring to the drainage pipe or soak away into which the downpipe drains please?

Customer: replied 15 days ago.
It's not in the gutter so I assume it is a soak away
Customer: replied 15 days ago.
Sorry can't afford extra to call pensioner

  1. thank you. So to be clear understand the position correctly, a downpipe emerges from the guttering which is on your side of the boundary but that downpipe then drains into a soak away or another form of drain as the case may be which is on your neighbours side off the property and they have blocked this up. Is that correct please?
  2. if it is, roughly when did they block it?
  3. How long has the downpipe been in place roughly and until the point at which they blocked the drain or soak away, how long is it drained onto the neighbours land?

Customer: replied 15 days ago.
quite recently 15 to 20 years

  1. Thank you. Is there any right to drain onto the neighbours land contained within the title deeds? 
  2. If the current arrangement has only been in place for some 15 to 20 years, do you know what the arrangement was prior to this or perhaps the properties were only built 15-20 years ago?

Customer: replied 15 days ago.
It has always since we moved here in 1989 been a joint drain for both properties but both pipe and outlet where originally next door 15/20 years ago they had an extension built and the builder re located the pipe to our
Customer: replied 15 days ago.
Side but every similar properties on the estate have exactly the same and the title deed states it is a joint maintenance

Thank you. Have you raised the matter with the neighbour and asked them to unblock the drain?

Customer: replied 15 days ago.
They ignore every effort we make,due to other ongoing issues and this was done deliberately to stop a water butt filling?(not having their water )quote

thank you. If you are able to demonstrate that either there is a right contained within your title deeds to drain into the drain or that the downpipe has been training into that drain for 20 continuous years or more, then either of these cases, the will be a legal right for the water to drain into that drain and the blocking of it would be unlawful.

I'm not sure if this would be practically feasible at this stage given the extension you say the neighbours have built but you could observe that the relocation of the pipe onto your side of the boundary in itself amounts to a trespass as there is no legal right for the pipe to have been relocated in that way, and accordingly, you could consider observing to your neighbours that if they are going to be difficult in regards ***** ***** one solution simply to remove the pipe which is unlawfully located on your side so that the water presumably will pour onto the ground on their side. This may not work practically but I mention it in case it is of assistance.

otherwise, if matters can be agreed amicably in this respect, you would have ultimate recourse for injunctive relief in the county court together with a claim for costs in this respect against the neighbour if you can show one or other of the above circumstances.

https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Customer: replied 15 days ago.
Thank you for your help sorry couldn't afford to call,many thanks

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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