Customer Services have asked me to look at this for you.
The situation is relatively straightforward but clearly they are just nodding politely and do nothing about it so it is highly likely that you are going to have to at least use solicitors to send the threat of litigation letters before the brewery are going to do anything because the cost of the litigation is going to be huge compared to the cost of putting the problem right.
There are 2 potential issues here at least.
The first is that you now have a claim in common-law nuisance because this is literally on an ordinary English dictionary definition of the word nuisance.
Further, you did not come to this nuisance, but they created it so you have a claim to make against whoever did this which would be the brewery that instructed the work and the company that incompetently did it.
You potentially have a claim in negligence but the claim is the same.
It will help if I explain how claims in negligence arise.
There needs to be
1. a duty of care
2. the duty of care needs to be breached
3. as a result of the breach there needs to be loss or injury
4. the loss or injury resulting from the breach must be reasonably foreseeable.
In order for there to be a claim in negligence, all 4 heads have to be satisfied.
Finally, you have a claim for substantial obstruction in respect of an easement. You have enjoyed drainage over this land and down the drain for as long as you can remember and therefore you have an easement for drainage under the Prescription Act.
By removing the gully it is, let’s face it, a substantial obstruction..
This is one of those where, as I said earlier, you are going to need the weight of a solicitors letter behind you. I’m afraid that we are specifically not allowed to take instructions from here.
If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.
In any event, for logistical reasons you would be better using a local solicitor .
The only problem that you have is that whilst if you all get your heads together and put GBP500 into a legal fees pot, anybody who does not put money in has no risk but still gets the benefit.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have