We live is semi detached property with a flat felted roof,on

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?

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?

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?

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

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

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