Rainwater

Hopefully you can see my problem from the 2 attached photos.

I recently dismantled my old boundary fence to prepare for the erection of a new fence.  It would seem that my neighbour has been happily discharging all the rainwater from the rear of his house ( a pitched roof and large flat roof ) for at least 5 years if not longer directly into my garden.

My house and garden are already prone to flooding and just a couple of days of heavy rain tends to make the solid ground floors damp.  Whilst I am happy ( ? ) to accept that I live in a flood prone area ( Somerset Levels), I can't see that an extra run off helps matters.  Particularly when it isn't mine image

I have always understood that rainwater from a house roof should be diverted one of 2 ways - to a main drain or to a properly constructed soakaway- either of which should be on the property in question rather than a neighbouring property.

Having asked my neighbour on 2 separate occasions to do something, I'm obviously getting nowhere.

I intend to contact the local council and see if there is anything they are able to do but in the meantime, I'm wondering if anyone has had experience of this kind of problem and if/how they managed to resolve it.imageimage

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Posts

  • pansyfacepansyface PEAK DISTRICTPosts: 11,978

    CHEEKY.

    STICK A BL****Y GREAT BUNG IN IT AND SEE WHAT HAPPENS.image

    Apophthegm -  a big word for a small thought.
  • nutcutletnutcutlet PeterboroughPosts: 24,899

    Twist the pipe end round or fit another one pointing to their gardenimage

  • FairygirlFairygirl west central ScotlandPosts: 20,911

    I think you know my view on this one philippa - seems everyone else kinda agrees.....image

    to walk through a forest is to touch the past

  • philippa smith2philippa smith2 Posts: 6,302

    Fairy image

    Pansy and Nutcutlet - yes, I'd already considered that but apart from the fact that the outlet is glued so therefore not just a simple job to twist and turn, I've just had my fencing installed and can no longer reach the offending drain pipe. Touching someone else's property is also a bit of a minefield and I have to live with the FB.

    I have made enquiries with my local water company but of course they are chary of offering any advice as the offending pipe is "privately owned". 

    My local council isn't the most "get up and go" organisation and what I was hoping to find out before I contacted them was whether I actually had any legal standing.  I've trawled various sites but can't seem to find anything definitive.  The only previous experience I've had is that when I bought a farm years ago, the Dairy roof discharged it's rainwater into the neighbouring property and I was advised quick sharp to bring the pipework onto my own property and install a proper soakaway.

    I was just hoping if anyone on here had suffered and .resolved a similar situation, I might find a leg to stand on so to speak.  Like most people, I'd thought it illegal to discharge water onto someone else's property but I'm damned if I can find that in writing.

    Thanks to you all anyway - I appreciate your commentsimage

  • ObelixxObelixx Posts: 12,266

    Blooming cheek!   I'd get on a stepladder and put a bung in it.

    It may be worth talking to the Citizen's Advice Bureau to see if they have any advice for you.

    The Vendée, France
  • pansyfacepansyface PEAK DISTRICTPosts: 11,978

    IF YOU LIVE IN ENGLAND OR WALES YOU COULD TAKE CIVIL ACTION (OR THREATEN TO)

    http://www.environmentlaw.org.uk/rte.asp?id=103

    DEPENDS HOW WET YOU ARE, I SUPPOSE.

    Apophthegm -  a big word for a small thought.
  • philippa smith2philippa smith2 Posts: 6,302

    Pansy..........thanks so much......... that's the first really specific thing I've seen. Wet enough to try this route.......... may well be enough to scare the FB into doing something. If the council can't be ar**d, I'll try this.

  • fidgetbonesfidgetbones Posts: 12,040

    I'm with Nut on this. A couple of corner bends from the plumbing store, and divert it back to his side. Glue them in well.

     I think that legally, it is classed as a nuisance.

    Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his use or enjoyment of that land",[1]

    Maybe a letter from a solicitor if you don't want to take direct action.

    It's not a mess, it's a nature reserve.
  • Richard HodsonRichard Hodson Posts: 675

    I have had experience of boundary and drainage dispute with my neighbour, my advice is NOT to take the law into your own hands. It is obviously illegal the action your neighbour has taken. Take advice from a local reputable solicitor and let them threaten your neighbour with court and costs and damage to your property.

  • pansyfacepansyface PEAK DISTRICTPosts: 11,978

    BEAR IN MIND THAT IF YOU COME TO SELL THE HOUSE YOU WILL HAVE TO DECLARE ANY "DISPUTES" WITH YOUR NEIGHBOUR. A STIFF TALKING TO WITH A HEAVY HINT OF LEGAL ACTION CAN'T BE TRACED WHEREAS A SOLICITOR'S LETTER WOULD HAVE TO BE MENTIONED.

    Last edited: 20 January 2017 22:35:23

    Apophthegm -  a big word for a small thought.
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