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Category: Property Law
Satisfied Customers: 259
Experience:  Expert
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The property next door to me has water running into my

Customer Question

The property next door to me has water running into my property. For over 1 year. They say they are going to fix the problem but they haven't
JA: What are you located? It matters because laws vary by location.
Customer: Cleadon village south Tyneside
JA: Has anything been filed or reported?
Customer: I reported to the council over a year ago, they sent some one out to check if it was a water main ,and they said it wasn't
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: When we speak to the neighbor's. They say they will get it sorted, but they have been saying that for over a year
Submitted: 19 days ago.
Category: Property Law
Expert:  Inderdeep replied 19 days ago.

Thank you for your enquiry i will be assisting you today.

Expert:  Inderdeep replied 19 days ago.

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Expert:  Inderdeep replied 19 days ago.

I do need some further information before i can help. Where is the water coming from exactly? Is it a drain/shared drain, and what part of the property is it disrupting.

Customer: replied 19 days ago.
The water is seeping from their side of the boundary fence through the ground ( concrete).onto my driveway.
Expert:  Inderdeep replied 19 days ago.

Sorry is this surface water or from their pipes? How often is this occurring, for example after heavy rain?

Expert:  Inderdeep replied 19 days ago.

Generally speaking your neighbour would be responsible for ensuring rainwater from their premises does not run off into a neighbour's property and cause a nuisance.For example they would need to ensure that the rainwater runoff from their roof goes into their gutters and that any downpipe from their roof goes into whatever storm drain is available.

Expert:  Inderdeep replied 19 days ago.

If you have requested they fix the issue and they have failed you can issue proceedings for nuisance and seek damages.

Expert:  Inderdeep replied 19 days ago.

Of course legal proceedings are a last resort but it seems that you will need to formally write to your neighbours to inform them that this issue is causing a nuisance and annoyance on your land and they have a duty to remedy this. Inform them that a failure to do so is a continued nuisance and you will consider issuing legal proceedings and seeking damages if they do nor take immediate steps to rectify the issue.

Customer: replied 19 days ago.
The water is not from a pipe or run off it it is a constant trickle 24/ 7.for over a year when they had an extension added on to there property
Expert:  Inderdeep replied 19 days ago.

Thank you. My advice is still the same and you should formally write to them to request they remedy this or they can be taken to court for damages for nuisance.

Customer: replied 19 days ago.
Thank you for your help