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.Tags: None
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Originally posted by atticus View PostAsk your insurer!
And I am not impressed with your conveyancer.
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Ask your insurer!
And I am not impressed with your conveyancer.
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Originally posted by atticus View PostThat 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.
It’s 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 vendor’s solicitors referred to him as their client; so, even if we do have a claim, it might be tricky to recover any compensation. I don’t 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?
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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.
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Originally posted by atticus View Post
Have you raised this with your property insurer?
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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?
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Originally posted by atticus View PostSorry, I cannot see what you have described coming within that definition.
Are there any steps that you can take to protect your property?
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Sorry, I cannot see what you have described coming within that definition.
Are there any steps that you can take to protect your property?
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Originally posted by atticus View Posts82 applies in cases of statutory nuisances. Do you consider that there is one - see s79.
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s82 applies in cases of statutory nuisances. Do you consider that there is one - see s79.
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