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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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we share a roof gutter between two houses I have the down pipe

Customer Question

we share a roof gutter between two houses I have the down pipe on our side in heavy rain falls the gutter overflows because down pipe cannot cope we as next door if we could install another downpipe a run it into their drain to stop this problem they will not agree to this so all the walls on our property are getting wet what can we do
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. I think you may have a case to force the neighbours to take action to stop this problem, based on the legal principle of "nuisance". However, you'd have to prove that it was largely the water running off their roof causing the problem. At least half the water must be from your own roof, so whether or not it is possible to fully establish that the problem is due to water from the neighbour's side, I am not so sure. I think the best thing to do might be to install a larger down pipe, on your side, to accommodate the water. I appreciate you might feel that the neighbour ought to take some burden for this, but the fact is that the down pipe is on your side,can't it is causing a problem to you. Rather than getting into a difficult and probably nasty legal dispute, putting in a wider pipe might be a better solution? Best, WB
wingrovebuyer :

Hello. As I have answered your question, would you kindly leave a rating, or JA won't pay me for assisting you. Thanks! WB