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JGM, Solicitor
Category: Property Law
Satisfied Customers: 14892
Experience:  30 years experience in property law.
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While digging footing for my clients extension we uncovered

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While digging footing for my clients extension we uncovered a soakaway in our garden which is taking the rainwater from next doors property into our garden. Which is right next to our new foundation, when I notified the neighbour he said it was not his problem its my responsibility to sort the problem
The legal term is that before your excavation that soakaway connection was an historical one and as such you have disconnected it and you will need to put that right.
This is the legal advice he has got, is this correct even though his soakaway has encroached on to our land
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I have only sent him a WhatsApp message with pictures
Assistant: Where is the land located?
Customer: CR8 4LH
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Just that the soakaway is right next to our new foundation also very close to his property
Customer: replied 4 months ago.
I have pictures if needed
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Thank you!

Thanks for your question. You will have to check the titles for the properties. There may be a wayleave for the soakaway in which case the neighbour has a right to have it on the land. Or a wayleave could have been established by the passage of time if its been there for a long time. If that is correct and that is the tenor the legal advice he has had then it is likely to be correct. I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.

Customer: replied 4 months ago.
By current regulations the soakaway is too close to his own house also it would make my neighbours new extension which is being built become risk to subsidence. Also has he not been trespassing all these years

Current regulations aren’t relevant if it was OK at the time. And if there is a right by virtue of the title or passage of time, no there is no trespass. See my answer above.

JGM, Solicitor
Category: Property Law
Satisfied Customers: 14892
Experience: 30 years experience in property law.
JGM and other Property Law Specialists are ready to help you