How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 3888
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Property Law Question Here...
SolicitorRM is online now

My garden was flooded on many occasions during this winter

Customer Question

My garden was flooded on many occasions during this winter after standing water collected on adjacent farmland then subsequently overflowed through my garden and house. I made the landowner aware after the first instance and at the time whilst he refused to admit liability did suggest that he would allow me to construct preventative measures on his land to stop it happening again. He suggested bore holes. Over the following months I discussed this option with a specialist firm who advised against. In the last few weeks I have sought advice from a builder on the best way forward and he has suggested a ditch and mound solution however when I reverted with this idea to the landowner he denied he’d offered to facilitate a solution and insisted he is not liable as it was a ‘natural run-off’ issue. I have however read that he is in fact responsible under ‘nuisance’ provision - given he was made aware of the flooding after the first occurrence but subsequently did nothing to prevent it happening many times again afterwards - but he is refusing to compromise. I believe he should not only be liable for any damage caused but also for installing measures to prevent reoccurrence however he is insisting he isn’t. My solution involves a ditch on the edge of the field and building a mound on the boundary. I have video evidence - which is frankly quite shocking - of the flooding when it happened on several occasions. I am convinced that should the issue come to court there is no doubt that it would be found in our favour, particularly given my offer to find a mutually acceptable solution rather than simply demand the landowner sort it out on his own but I am now at a lose as to where to turn next. Could you please advise. Thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the house located?
Customer: HP6 5SA
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 8 days ago.
Category: Property Law
Expert:  SolicitorRM replied 8 days ago.

Hi thank you for your enquiry and patience. Your understanding is right. Run-off although natural and in most cases cannot be eradicated is a problem farmers are well aware of and they have a responsibility to ensure run-off from their land does not damage neighbouring properties. The farmer is ignoring this obligation and you have tried to engage with him to no avail. Whereas you could pursue him through the first tier tribunal and seek an injunction order, this can be costly and you may want to consider mediation first. The national mediation helpline can be reached at 0845(###) ###-####, the fees would be a lot less than legal action. You may want to check your home insurance policy as it may provide cover for legal disputes and they could pick this up for you. I hope this is helpful and I would be grateful for your rating at your earliest convenience, All the best