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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2457
Experience:  Over 5 years in practice.
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I have a boundary dispute. My neighbours bungalow is approx.

Customer Question

I have a boundary dispute. My neighbours bungalow is approx. 15 inches lower than mine.
He built a rear exstention on the boundary and without my permission used my property
by digging a trench some 15ft long 15 inches deep and 12 inches wide for his drainage
system. There was an existing drain serving his glass pitched roof conservatory. This drain was on my driveway and the gap was dangerous - he built a step in order that i
would not harm myself getting out of my car bur left the drain open this was not
acceptable I returned my soil, after protecting the drain that was in 2009.

without my permission beginning august this year he removed my soil and placed a
tin drain cover approx. 13 inches deep and 10 inches wide. Stating my soil had covered
his damp proof course and had caused damage to his property.

I returned his drain cover and restored my soil.

Now his Solicitors are serving me with a county court injunction for me to remove
the soil and pay for damages.

What is my best course of action - they have an easement to repair or renew this
drain (which was not an open drain) but does not allow for alteration.
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

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