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Surface water run-off from highway

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  • Surface water run-off from highway

    A large torrent of surface water is running down from the highway into my garden, potentially damaging the foundations of my property. The water is being diverted towards my house due to an irregularity in the surface of the road. Unfortunately, the local authority has refused to deal with the matter. Rather than spend thousands of pounds in the County Court, I would like to apply to the Magistrates court for an injunction. Section 82 of the Environmental Protection Act 1990 seems relevant. Does anyone know the best way of going about this and whether or not any other statutes may also be of use? I wrote to the local Magistrates court and they wanted to know why I thought they had jurisdiction. Thank you.
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  • #2
    s82 applies in cases of statutory nuisances. Do you consider that there is one - see s79.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      s82 applies in cases of statutory nuisances. Do you consider that there is one - see s79.
      Thanks for the heads up. Iím thinking of (e) - Ďany accumulation or deposit which is prejudicial to health or a nuisanceí.

      Comment


      • #4
        Sorry, I cannot see what you have described coming within that definition.

        Are there any steps that you can take to protect your property?
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Sorry, I cannot see what you have described coming within that definition.

          Are there any steps that you can take to protect your property?
          Not without incurring substantial expense. Besides, the water is dirty - it carries a lot of debris and dirt with it. Iím thinking that it falls within (e) because itís an Ďaccumulationí of a large volume of water on the highway. Please see attached photos. The council states that the patched section of tarmac is not defective, but itís irregular and channels the surface water towards the property, rather than down the road.

          Comment


          • #6
            You may be right, but I strongly recommend you to do a lot more research into s79(1)(e) and any examples of how it has been applied. My feeling is that it applies to things like piles of rubbish giving rise to smells, vermin etc.

            You may have a claim in private nuisance, which is a different thing.

            Have you raised this with your property insurer?
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post

              Have you raised this with your property insurer?
              The difficulty is that the property was only purchased recently and weíre not sure when the issue started, as the vendor didnít disclose it.

              Comment


              • #8
                That is surely not a reason not to contact your insurer.

                You may also wish to review the seller's answers to your pre contract enquiries and what the seller said on the property information form, particularly if you think that this was a pre-existing problem.
                Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Originally posted by atticus View Post
                  That is surely not a reason not to contact your insurer.

                  You may also wish to review the seller's answers to your pre contract enquiries and what the seller said on the property information form, particularly if you think that this was a pre-existing problem.
                  The seller stated that there was no issue, as far as he was aware. I contacted our former conveyancing solicitor, but he gave me very short shrift, stating that itís far too late for me to be raising issues. (Unfortunately, thereís also an issue with Japanese knotweed that was concealed from us and that will make the property harder to sell).

                  Itís a little bit complicated, as the vendor was in a nursing home and her son answered some of my follow-up questions. I assume that the sale proceeds went to him, as the vendorís solicitors referred to him as their client; so, even if we do have a claim, it might be tricky to recover any compensation. I donít even know if the vendor is still alive.

                  Unless we can prove damage to the foundations of the property, even if the issue is not pre-existing, would the insurer actually do anything?

                  Comment


                  • #10
                    Ask your insurer!

                    And I am not impressed with your conveyancer.
                    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      Ask your insurer!

                      And I am not impressed with your conveyancer.
                      Nor am I. His response was so rude that I really couldnít believe it.

                      Comment

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