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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 13372
Experience:  Barrister 17 years experience
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An issue with the sewage from the main road building up into

Customer Question

An issue with the sewage from the main road building up into my land has been ongoing for a few years with the utility company sending a truck daily to extract the build up. This has been going on for almost a year and they finally admitted that the issue is due to a problem outside my property (i.e. their problem). Intrusive work is going to begin soon and my property will be dug up, wall knocked down etc to complete the works.I have two businesses running at this property which have been hit financially by this ongoing work for the past year and also damage has been caused to the road on my property due to huge lorries coming in and out every day and The land is contaminated with human sewage.What and how can i claim against the utility company for all this work? What is the best way to get in contact with them?They have instructed a company to deal with the claim and look into the losses the two business incurred however they have not addressed the other items like the damage and contamination of the land.
Submitted: 10 days ago.
Category: Property Law
Expert:  Buachaill replied 10 days ago.

1.  Hello, I am your Expert and thank you for your question.  I am delighted to answer it.

Expert:  Buachaill replied 10 days ago.

2. It is an actionable nuisance for a utility company to block up your land with sewage.  So, you can sue the utility for the damage which has been caused to you, to include the losses the two businesses have incurred as well as the damage and contamination to the land.  Essentially, you will be able to get an injunction restraining the further discharge of sewage onto your land and money damages to cover the remedial costs of the cleanup of your land.  The civil wrong of nuisance protects you in the enjoyment of your land.  So, any interference with your enjoyment of the land which you occupy can be sued for.  So, I would advise you to see a solicitor and get the solicitor to correspond with the utility and the company appointed to deal with the claim to make sure that you receive the compensation to which you are entitled and also to ensure that appropriate remedial action is taken to remove the contamination done to your land.

Expert:  Buachaill replied 10 days ago.

3.  Ultimately, it would be best if you can resolve the issue of the damage and contamination to your land without resort to court proceedings.  However, in order to get what you are entitled to, you will probably need to have the threat of legal proceedings hanging over the utility to get all you are entitled to.

Customer: replied 8 days ago.
Thank you. What kind of solicitor would i need to take on this case?
Expert:  Buachaill replied 8 days ago.

4.  You should see a litigation solicitor as most of the issues surround putting pressure on the utility to rectify matters.  You need to have the prospect of litigation resulting to get the utility to do what you want.