rain discharging onto my property

rain discharging onto my property

Postby erlawrence » Tue Oct 25, 2016 6:35 pm

Hi all,

I'm in a polite (at the moment) conversation regarding rainwater discharging off of a lean to from my neighbour's property straight onto my property. I recently moved and whilst doing a bit of garden clearing realised the property next door didn't have any guttering along their lean-to. And as it is positioned over the boundary wall discharges water down the wall on my side. The neighbour's property is only a couple of years old, having been converted where garages once stood. It's difficult to understand my exact legal position but I think the rainwater discharging onto my property is an act of trespass. I have been asking them to remedy this for a month now and they keep coming up with excuses about roofers not finding the problem/not being able to arrive due to an emergency, etc in order to not do the work. They are now even claiming that as I'm not there to help they can't get on with the job. I've given them a 2 week notice period before escalating the issue. I'm thinking that this will be a matter of taking them to court as I don't think I can do anything about their guttering (and lack of) without becoming in the wrong myself. Like most sane people I just want to deal with the issue and get on with life. The company that owns the property have many other properties so it's not like they are some poor old person without any funds (I would have been happy to fund the guttering in that case). The water will become a greater nuisance especially as it continues to damage the wall. Please has anyone else had a similar experience which they have resolved positively?

Thank you for reading this.
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Re: rain discharging onto my property

Postby jonahinoz » Tue Oct 25, 2016 10:55 pm

Hi,

How long has this building been there? More than 20 years, and they will have gained an easement. If recent, what is it made of, and how high is it at it's highest point?

Me? I'd cobble up a gutter on the fence, that sends the water back into their property.

John W
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Re: rain discharging onto my property

Postby Collaborate » Tue Oct 25, 2016 11:34 pm

jonahinoz wrote:Hi,

How long has this building been there? More than 20 years, and they will have gained an easement. If recent, what is it made of, and how high is it at it's highest point?

Me? I'd cobble up a gutter on the fence, that sends the water back into their property.

John W

I think the clue is in the original post:
The neighbour's property is only a couple of years old


Whatever its construction, I'm sure a solution can be engineered that doesn't leave them erecting guttering on your side of the boundary.
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Re: rain discharging onto my property

Postby despair » Wed Oct 26, 2016 12:32 am

Its not only trespass its also causing damage

I would aquire some guttering via freegle or freecycle and ensure all the water is directed back onto their property

you have given them more than enough opportunity to fix things so no judge will see in their favour
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Re: rain discharging onto my property

Postby stufe35 » Wed Oct 26, 2016 8:14 am

I think you are being a bit impatient and if you are not careful you are going to let this effect your health. Put yourself in their position, they are a big company looking after many properties ? They will have daily calls with stuff like boilers failing, door locks broken, windows broken etc. that have to be dealt with ASAP. In the building world sorting out a bit of gutter is a low priority...and also a bit tricky if they have to sort out access with a third party (you) to do the job. Its only been one month since the issue came to their attention..this is only 20 working days or so. I also imagine this is going to involve at least 2 visits- one to come and look/measure up and assess what parts are required, then go away buy/order them and revisit to fit.

They have engaged with you, they have accepted their responsibility and indicated they'll do it. Talk of court at this stage is jumping way ahead and is disproportionate to the situation.

I know this is probably the biggest worry you have in your life at present...if it is you are a very lucky person...but its not exactly life or death....I mean im guessing the problem only occurs when its raining ?!

Keep the pressure on gently by phoning them once a week, don't get irate, build a relationship with the person on the other end of the phone. Be flexible about them coming into your property to sort the issue...and im sure your job will happen...chill out... watch telly and imagine you have had to flea your war torn country and are living in a shanty town with your baby and are now being evicted...get your problem into perspective.

In the short term you do not need to worry about damage to the wall...it would take 10s of years of this occurring to cause any significant damage.
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Re: rain discharging onto my property

Postby arborlad » Wed Oct 26, 2016 12:15 pm

nothingtodowithme wrote:
despair wrote:Its not only trespass its also causing damage

I would aquire some guttering via freegle or freecycle and ensure all the water is directed back onto their property

you have given them more than enough opportunity to fix things so no judge will see in their favour



It is a nuisance that may cause potential damage and is easily remedied by either party.
There is a straight forward solution to this problem acquiring and fixing guttering.




You're both of you wrong, guttering requires downpipes which must be directed into a suitable drain, ditch or watercourse.
arborlad

smile...it confuses people
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