Water flowing into neighbours garden

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Mrdirtynails
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Water flowing into neighbours garden

Post by Mrdirtynails » Mon Jul 23, 2018 3:15 pm

I have a stream which runs down the side of my garden and bordering a fence and trees between me and my neighbour. In March the stream overflowed at the bottom, because of extremely heavy rainfall and a raising of the water table where it should have gone through an underground pipe. Water flowed into about a metre of my neighbours garden. The weather was particularly bad and the deluge also came down their tarmac drive for about a metre and down the road outside our properties. Following this incident I have had the 'stream' cleared out, and cleaned up, so it should flow away satisfactorily, unless the circumstances are extreme, as they were in March. My neighbour also has some pipes passing through their garden wall to take any water away, so these are testament to the fact that drainage has been historically necessary.
The neighbour is now threatening me with court for a vast amount of money as she maintains that her gatepost is damaged and she has requested a geological survey of her property, the water flowed nowhere near her property as the overflow was much lower down.
Has anyone got any ideas here? Thanks

span
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Re: Water flowing into neighbours garden

Post by span » Mon Jul 23, 2018 3:46 pm

Let her get any survey she liked on her property.

Does your house insurance cover you, just in case?

IdefixUK
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Re: Water flowing into neighbours garden

Post by IdefixUK » Mon Jul 23, 2018 7:30 pm

Hello mrdirtynails.

I would be interested to know if the part where the stream enters the underground pipe is on your land, or on someone else's.

You also say that the complaining neighbour has pipes through the wall for flood water. Is the intention of these pipes to carry water into the stream as it passes through your land? Or do these pipes carry water into someone else's land.

Has there been a history of flooding here?

Are you sure that the entire width of the stream is on your land...it may be that your neighbour owns right up to the stream edge ( or half way across the stream)and chose to erect a fence within her land rather than at the boundary. Your deeds and those of your neighbours will confirm this. You can download the deeds from the Land Regisrty for £3 a set. That is if the properties are registered.

I understand that some of the laws about streams are different in Scotland so please confirm where you live.

If the flood water was nowhere near the gate post I don't suppose for a moment that you have anything to worry about.

Regards

IdefixUK
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Re: Water flowing into neighbours garden

Post by IdefixUK » Mon Jul 23, 2018 8:50 pm

When I asked you to confirm where you live....don't give your address...just the country!

Collaborate
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Re: Water flowing into neighbours garden

Post by Collaborate » Tue Jul 24, 2018 7:46 am

[quote=Mrdirtynails post_id=208003 time=1532355343 user_id=25100]
I have a stream which runs down the side of my garden and bordering a fence and trees between me and my neighbour. In March the stream overflowed at the bottom, because of extremely heavy rainfall and a raising of the water table where it should have gone through an underground pipe. Water flowed into about a metre of my neighbours garden. The weather was particularly bad and the deluge also came down their tarmac drive for about a metre and down the road outside our properties. Following this incident I have had the 'stream' cleared out, and cleaned up, so it should flow away satisfactorily, unless the circumstances are extreme, as they were in March. My neighbour also has some pipes passing through their garden wall to take any water away, so these are testament to the fact that drainage has been historically necessary.
The neighbour is now threatening me with court for a vast amount of money as she maintains that her gatepost is damaged and she has requested a geological survey of her property, the water flowed nowhere near her property as the overflow was much lower down.
Has anyone got any ideas here? Thanks
[/quote]

On what grounds is she claiming you owe her a duty?

You have a duty to keep the watercourse free from debris so as to avoid flooding, but you cannot be responsible for every flood howsoever caused. Is the watercourse that is on your land free from obstructions? What did you have to do to clear out the stream?

arborlad
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Re: Water flowing into neighbours garden

Post by arborlad » Tue Jul 24, 2018 11:39 am

Mrdirtynails wrote:
Mon Jul 23, 2018 3:15 pm
The neighbour is now threatening me with court for a vast amount of money as she maintains that her gatepost is damaged............



The only way I can see your neighbours gatepost becoming damaged is if something larger and stronger than the post was carried in the water and struck it - how likely is that?

The most likely explanation is that the post has rotted at ground level - 'twixt air and water.
arborlad

smile...it confuses people

Mrdirtynails
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Re: Water flowing into neighbours garden

Post by Mrdirtynails » Fri Jul 27, 2018 4:22 pm

[quote=arborlad post_id=208021 time=1532428795 user_id=4599]
[quote=Mrdirtynails post_id=208003 time=<a href="tel:1532355343">1532355343</a> user_id=25100]The neighbour is now threatening me with court for a vast amount of money as she maintains that her gatepost is damaged............[/quote]

Not sure if I'm posting replies correctly.
The gatepost is stone and she claims the mortar has come out!


The only way I can see your neighbours gatepost becoming damaged is if something larger and stronger than the post was carried in the water and struck it - how likely is that?

The most likely explanation is that the post has rotted at ground level - 'twixt air and water.
[/quote]

Mrdirtynails
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Re: Water flowing into neighbours garden

Post by Mrdirtynails » Fri Jul 27, 2018 4:26 pm

[quote=Collaborate post_id=208014 time=1532414771 user_id=21583]
[quote=Mrdirtynails post_id=208003 time=1532355343 user_id=25100]
I have a stream which runs down the side of my garden and bordering a fence and trees between me and my neighbour. In March the stream overflowed at the bottom, because of extremely heavy rainfall and a raising of the water table where it should have gone through an underground pipe. Water flowed into about a metre of my neighbours garden. The weather was particularly bad and the deluge also came down their tarmac drive for about a metre and down the road outside our properties. Following this incident I have had the 'stream' cleared out, and cleaned up, so it should flow away satisfactorily, unless the circumstances are extreme, as they were in March. My neighbour also has some pipes passing through their garden wall to take any water away, so these are testament to the fact that drainage has been historically necessary.
The neighbour is now threatening me with court for a vast amount of money as she maintains that her gatepost is damaged and she has requested a geological survey of her property, the water flowed nowhere near her property as the overflow was much lower down.
Has anyone got any ideas here? Thanks
[/quote]

On what grounds is she claiming you owe her a duty?

You have a duty to keep the watercourse free from debris so as to avoid flooding, but you cannot be responsible for every flood howsoever caused. Is the watercourse that is on your land free from obstructions? What did you have to do to clear out the stream?
[/quote]
She is claiming for sandbags and repair to her stone gatepost and states she needs a geological survey!
I have had the dry stream bed made deeper, all cleaned out and the pipe which goes under the road completely cleaned.
During excessive deluges some water has gone through the boundary hedge onto her land for about a metre. Historically there are pipes on this piece of land to take water away.

Mrdirtynails
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Re: Water flowing into neighbours garden

Post by Mrdirtynails » Fri Jul 27, 2018 4:29 pm

[quote=IdefixUK post_id=208008 time=1532370659 user_id=23680]
Hello mrdirtynails.

I would be interested to know if the part where the stream enters the underground pipe is on your land, or on someone else's.

You also say that the complaining neighbour has pipes through the wall for flood water. Is the intention of these pipes to carry water into the stream as it passes through your land? Or do these pipes carry water into someone else's land.

Has there been a history of flooding here?

Are you sure that the entire width of the stream is on your land...it may be that your neighbour owns right up to the stream edge ( or half way across the stream)and chose to erect a fence within her land rather than at the boundary. Your deeds and those of your neighbours will confirm this. You can download the deeds from the Land Regisrty for £3 a set. That is if the properties are registered.

I understand that some of the laws about streams are different in Scotland so please confirm where you live.

If the flood water was nowhere near the gate post I don't suppose for a moment that you have anything to worry about.

Regards
[/quote]
We are in England.
Historically over many years the stream has overflowed, with no problem. For most of the year it's as dry as a bone and isn't really worthy of being called a stream!

Mrdirtynails
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Re: Water flowing into neighbours garden

Post by Mrdirtynails » Fri Jul 27, 2018 4:31 pm

[quote=span post_id=208004 time=1532357173 user_id=15712]
Let her get any survey she liked on her property.

Does your house insurance cover you, just in case?
[/quote]

Our house insurance policy doesn't cover any such cases, neither is there any insurance via credit cards.

IdefixUK
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Re: Water flowing into neighbours garden

Post by IdefixUK » Fri Jul 27, 2018 7:35 pm

You said that you have cleaned out the pipe under the road. Is it a public road? If not who owns it?

Mrdirtynails
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Re: Water flowing into neighbours garden

Post by Mrdirtynails » Sat Jul 28, 2018 11:44 am

[quote=IdefixUK post_id=208093 time=1532716525 user_id=23680]
You said that you have cleaned out the pipe under the road. Is it a public road? If not who owns it?
[/quote]

Yes it is a public road, but the deluge was so great it overflowed the pipe. I really can't see why the neighbour feels he's justified in complaining and trying to extract a vast amount if money, but I'm no lawyer!!!

IdefixUK
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Re: Water flowing into neighbours garden

Post by IdefixUK » Sat Jul 28, 2018 12:14 pm

I'm no lawyer either, but I cannot believe that anyone could blame you for the flooding if the pipe under the road was inadequate for the amount of water which came down the stream. If as you say that pipe goes under a publicly owned raod then it cannot be held responsible for it being inadequate, and I don't think that you are responsible for clearing it out either. However it would seem that you have certain responsibilities to keep the stream, whist crossing your land, clear from obstructions, and also that your neighbour has the right to build their own flood defences ( and, incidentally, only if those defences to not CAUSE flooding on someone else's property further down stream, ....if they did they might be liable for damages to the other property) .The fact that those pipes through her wall were inadequate defence against the flood is not your concern ( are the there against flood or just to aid drainage?). She has bought sand bags for flood defence, that is up to her if she wishes to protect her property or not, there is no way you should be responsible for paying for them.
In order for a single (or occasional) flood to disrupt the mortar on a stone gate post it would imply that the mortar was not fit for purpose. I don't think you have anything to worry about.
Your neighbour is just upset and is blaming anything/anyone she can for the time being.
Regards

Mrdirtynails
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Re: Water flowing into neighbours garden

Post by Mrdirtynails » Sat Jul 28, 2018 1:53 pm

Thanks. I feel the same.
The beginning of the underground pipe is on our land, but we've had a builder clean the whole lot out. The threat of court isn't pleasant, but perhaps we should just call their bluff.
Thanks again.

IdefixUK
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Re: Water flowing into neighbours garden

Post by IdefixUK » Sat Jul 28, 2018 2:14 pm

I take it that you haven't yet received a solicitors letter at this stage. If you do,remember that solicitors are very skilled at putting the wind up you. It's known as the three B's .Bluff, Bluster and BullS**t. If you get do one, post the wording on this thread and then see the forum contributors put it through the shredder for you.
I hope that this comes to nothing, and that the builder didn't find any significant blockage in the part of the pipe whilst it runs on your land.

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