ADVICE PLEASE

[denby04]

i live in a semi-detached house and my adjoining neighbour have recently added a conservatory, no problem. However, the builder has placed the gutter downspout between the properties and there is no drain so the water is just pouring onto the ground right between my house and theirs. My lawn, approximately 3 foot away, is now water logged when it rains so I am worried what is happening to my property. I am insured but as I am aware of the situation am I covered in the event of any claim?. I moved into my home 2 years ago and, although I would describe myself as a friendly but not in your face neightbour, they do not speak to me. In addition to the downspout water problem, the joint between my roof gutter and theirs is also split which pours water on their conservatory and hence adds further flow into the downspout with more water onto the ground. They blame this on me as I had my gutters and facias replaced but that was 2 years ago and the problem has been ongoing for the last 12 months. I have no immediate friends or family to discuss this problem with (aahhh) so I would appreciate any advice. Sorry this is a bit long-winded.

[Nosha123]

You need to act immediately as you are now aware there is a problem and dont want to be liable for any damage caused by your delay...

You need to write to them send it recorded and state that their rainwater is water logging your garden and could - if left - cause structural problems to your home which you will hold them entirely liable for.

Ask that they instruct their builder to divert the guttering into a suitable drain or soakaway.

You might also want to check with the council whether planning permission is required as this could give you more ammo to your case. If they havent got planning permission then they are breaking the law. If they DO have permission - they will have had to submit details of the drainage for the structure and the council will have wanted to see it going into an existing drain or be dealt with by means of installing a soakaway...

Good luck.. and one piece of advise - do EVERYTHING in writing and request a response or action within a set time period. Then if they dont act or respond you can take it to the next level.

Check your home insurance too for legal cover!

[landscaper2]

First and most importantly, take the water away from between the properties right , even if it is with an old length of open guttering, used as a channel.

Call the people who fitted your gutters and facia, they will come back and repair what is probably a simple job and should be on warranty.

This will cheer up your neighbour, so tell them the good news, have a chat with them to pull their builder back and fix the downpipe problem (they may not even know about it) as both properties WILL be damaged in no time.

Good luck

[bushbaby_de]

I would like to correct Nosha's post. Planning permission has nothing whatsoever to do with drainage. However it would have been part of the Building Regulations requirements so I would give your local team a call.

[cassa333]

Your neighbour cannot drain his roof water onto your land. It is a civil matter. Ask for the 'legal neusance' (sorry can't spell it) to be removed with imediate effect.

If you go to www.gardenlaw.co.uk you will be given excellent advice for free.

[Nosha123]

Thanks for the correction 'bushbaby_de' but I wasnt saying that planning permission requires drainage details.. I was saying that they would have had to submit the drainage proposals as part of the whole build project... and thereofre stated how they were going to dispose of surface water run off etc

[denby04]

Many thanks for all responses and any further responses my questions may receive.
Nosha123, very sound advice. I have put up with this situation thinking they would realise the problem and the drainpipe is damaging their property (not considering mine as they are very unsocial to the point of being quite rude in my opinion). I intend to contact the Council for further advice. Oh how I hate confrontation.
Landscaper2, I was ripped off by the gutter and fascia company and they will not return (another problem). I can't redirect the water as there is a fixed fence between my house and theirs.
Cassa333. The drainpipe is on their side of the two properties, albeit just to the edge of the middle of the two properties, so I don't think I have any right to make an objection.
Any other advice is appreciated and I will update accordingly. Hopefully, I will be able to report good news and advise others in the future.

[landscaper2]

Sorry you were ripped off and dont feel you can get them back. Bite the bullet tho and get someone else round to at least repair your guttering. A few quid spent now will safe more later. There are 'good guys' around(honest!) who will nip round, give you a price and stick to it. They will probably give you some good advice re your other problem while on site.
Golden rule: agree a price and ONLY pay on completion when you are completely happy.

[bushbaby_de]

cassa is right, under the tort of nuisance they have to prevent the escape of water from their land to yours. doesn't matter that the drain pipe itself is on their property if the water is ending up on your land!

[denby04]

Update: Had a brainwave and called the man who erected their conservatory (must add the neighbours put down the foundation and the wall but all he did was build the conservatory) and asked him to fix the roof gutter clip. Mentioned the water from the conservatory downpipe and he told me he advised them it MUST have a proper drain and they said they would sort it out. It seems the pipe does do into the ground but the builder said he does not think they have done anything judging by the water surrounding the pipe. If they have they have put the drain down towards my side and that is why my garden is flooding. NEXT: I rang the local planner and he gave some good advice to follow and if I have no luck to contact him again. Nice chap. So, I will get the roof clip fixed (around £22) then see if this builder chap can see or advise me further. I won't give up and thank you all for giving me the confidence that they are in the wrong.