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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice.
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Semi detached property down pipe and drain on next door property,

Customer Question

Semi detached property down pipe and drain on next door property, looks like their conservatory has been built across the soak away drain.My property is now flooding when we have rain. he is refusing to do nothing about it.My wall is now getting damp. Can you please advise. both properties are privately owned.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

You need to get a surveyor to look at the problem and to confirm exactly what is causing the damp. If it is the building of the conservatory across the so-called way then you have a claim against the neighbour in negligence.

Your claim is for whatever damages caused and for an injunction to make him put the job right.

If you have house insurance, you may have legal expenses cover that would pay for the cost of the litigation so it is worthwhile checking.

A solicitors letter threatening an application to court may provide the required result without the need to issue legal proceedings. It is not uncommon for neighbours, in situations like this, to simply ignore things if their property is not the one affected.

Can I clarify anything for you?