Neighbours brick outbuilding dispersing rainwater only my garden

New Topic!
Post Reply
GRACIE
Posts: 5
Joined: Tue Oct 04, 2022 5:34 pm

Neighbours brick outbuilding dispersing rainwater only my garden

Post by GRACIE »

Hi,

Simply, developer has built a garden building against the boundary, with the fall of the roof towards my land.
I am no expert, but the fall is too high, so the guttering ( over the boundary) doesn't catch all the water; resulting in flooding of my clay soil.

I think this comes under legal nuisance, but I need to know more before I legally challenge this.

Planning and building control have indicated that this is a civil matter.

I have tried to approach the developer but he isn't responding to my requests to talk, ( he doesn't live there).

Where next?? I can't have my home flood.... I moved exactly for that reason!!!!

Thank you!
vuego100
Posts: 102
Joined: Thu Feb 20, 2020 6:38 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by vuego100 »

Did you give permission for them to encroach over the boundary with the eaves of their building? How long has the building been there?
GRACIE
Posts: 5
Joined: Tue Oct 04, 2022 5:34 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by GRACIE »

Hi, thanks for you reply.

I did not give permission, I was never asked.

The foundations were there before he purchased the house, so have been there more than 4 years, but the finished building less than 3 months.

Thank you for your assistance.
Collaborate
Posts: 3606
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by Collaborate »

Check your home insurance for legal cover. You will have an action in trespass and nuisance. The remedy is either damages or an injunction (eg they may be required to reconfigure the gutter so that it sits wholly on top of their wall).
vuego100
Posts: 102
Joined: Thu Feb 20, 2020 6:38 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by vuego100 »

Did they have planning?
Collaborate
Posts: 3606
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by Collaborate »

vuego100 wrote: Wed Oct 05, 2022 10:08 am Did they have planning?
OP has said "Planning and building control have indicated that this is a civil matter."
GRACIE
Posts: 5
Joined: Tue Oct 04, 2022 5:34 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by GRACIE »

vuego100 wrote: Wed Oct 05, 2022 10:08 am Did they have planning?
Planning is not required, apparently rules changed in 2015. (According to planning enforcement)
Collaborate wrote: Wed Oct 05, 2022 9:30 am Check your home insurance for legal cover. You will have an action in trespass and nuisance. The remedy is either damages or an injunction (eg they may be required to reconfigure the gutter so that it sits wholly on top of their wall).
Thanks. I will look into 'trespass and nuisance '
arborlad
Posts: 10258
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by arborlad »

GRACIE wrote: Tue Oct 04, 2022 5:49 pm Hi,

Simply, developer has built a garden building against the boundary, with the fall of the roof towards my land.
I am no expert, but the fall is too high, so the guttering ( over the boundary) doesn't catch all the water; resulting in flooding of my clay soil.

Thank you!





The angle/fall of the roof doesn't normally have an effect if the guttering is suitably sized and correctly fitted, where does the water it does catch, go to?

You must deal with surface water within your own demise, by directing it into a suitable drain ditch or watercourse.
arborlad

smile...it confuses people
Clifford Pope
Posts: 553
Joined: Tue Aug 25, 2009 1:18 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by Clifford Pope »

arborlad wrote: Wed Oct 05, 2022 2:39 pm

You must deal with surface water within your own demise,

You mean before you die? :)
arborlad
Posts: 10258
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by arborlad »

Clifford Pope wrote: Fri Oct 07, 2022 2:50 pm
arborlad wrote: Wed Oct 05, 2022 2:39 pm

You must deal with surface water within your own demise,

You mean before you die? :)




Yep, should of course be domain :) .............thanks.
arborlad

smile...it confuses people
GRACIE
Posts: 5
Joined: Tue Oct 04, 2022 5:34 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by GRACIE »

Thank you all. The replies were marked as spam on my filtering, so sorry for 'ignoring ' you.
Will take advice and see how to proceed.

Thanks again
CherryBlack
Posts: 304
Joined: Sun Sep 19, 2021 3:47 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by CherryBlack »

How did this work out, Gracie?

It's quite a common issue, so your hopeful success here could be useful to others :-)
GRACIE
Posts: 5
Joined: Tue Oct 04, 2022 5:34 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by GRACIE »

Hi,

It is still ongoing at the moment...
The house was sold, so now having to deal with the new neighbours and this issue....
Not the best for neighbourly relations.
CherryBlack
Posts: 304
Joined: Sun Sep 19, 2021 3:47 pm

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by CherryBlack »

Thanks for coming back, and sorry it's not yet resolved.

I suspect - fear - the building itself is a fait accompli, so the issue is the rainwater? That should surely be solvable very easily with proper guttering? Of course that might mean that it needs to come an inch or two further over your land, but at least the main issue will hopefully be resolved.

This should not cause any falling out - it's seemingly a very simple issue to be handled in a matter-of-fact way. It won't even cost them much to sort this, so there is no excuse.

Really no idea if there's any chance of forcing them to completely modify the guttering system to keep it within their own land. Did anyone ask if you had Legal Protection on your house insurance?
despair
Posts: 17597
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbours brick outbuilding dispersing rainwater only my garden

Post by despair »

A deeper gutter and return fixtures should direct the water back onto their land into a water butt or 2
Post Reply