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Ross Miller
Ross Miller,
Category: Property Law
Satisfied Customers: 757
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My neighbours land is higher than mine. They have a

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My neighbours land is higher than mine. They have a retaining wall which they have laid a patio against covering permeable ground. They have drilled holes through the wall at their ground level to redirect their surface water and extra water when they clean the patio onto my land. Am I correct that this is not as I understand it normal surface water run off onto lower land and that they need to manage this water on their land. Can I block the drilled holes.
JA: What steps have your neighbors taken so far? Have they prepared or filed any paperwork?
Customer: No
JA: Where is the land located?
Customer: Do you mean address or situated against mine
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello my name is Ross and Ic an help with this matte. Can you give me little more information about what you are asking specifically please.

Customer: replied 17 days ago.
Hello Ross, my neighbours land is at a higher level than mine. A retaining wall they own separates their garden from my land. On their side of the retaining wall they have laid a patio which obviously means they have covered the permeable ground their side. They have not installed any surface water management their side to cater for this. To manage the surface water, most of which would have previously soaked into the permeable ground, they have drilled holes from the patio at their ground level through the wall which exits my side at about 2ft up from the ground so that all the surface water is now redirected through these holes onto my drive leaving it constantly wet with the potential to cause future damage. I have read somewhere that natural run off to lower land is permitted but the fact that they have removed permeable ground and redirected the flow this is not natural run off. They also keep chickens on the patio and regularly hose down the patio washing waste through to our side leaving residue on my drive. The wall is also showing signs of water damage below their garden level on our side and is in a poor condition questioning its long term safety.
Are they allowed to do this without our agreement
Does this constitute a nuisance under the law
Can I therefore instruct them that they must block these holes, stop the flow of this water, and manage the surface water their side. If they don’t can I block the holes.
What other action can I take.

Thanks Terry

Thank you for the information. I think there are two different issues here firstly, in relation to the chicken mess, then this would be a nuisance. I don't think that the police would take much involvement however, before you involve courts you have to be seen to be doing everything you can to mitigate the circumstances. So I would write to them explaining that if they do not stop this action then you all take legal actions. Secondly in terms of the land they have "reclaimed" then I would firstly, approach your council about his matter, especially the planning department as this is unlikely to be permitted. However, this can be more difficult to deal with as it has been built. You may ultimately need a court order to have them instructed to redirect the water. However again, use the council route first. If they do have to redirect the water then they will have to incur their own costs in relation to this. Going back tot he chickens if they continue this behaviour then you can apply to have a non-harassment order against them which will prohibit them (by law) to not undertake this type of actions. Sadly, with these types of issues, after something has been done it can need court inntervention put it right.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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