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Shared Drainage issues

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  • #16
    I must say that your post 15 is how I understood the situation.
    Note the part which states in a manner which "will cause damage to your neighbour's land"

    In your circumstances the water has been discharged into a purpose built gully, so does not cause damage.
    Now whether or not there is a prescriptive easement to allow this IMO is doubtful.
    I would think permission ( explicit or implied) had been given when the arrangement was set up, so no easement could exist

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    • #17
      With Des8

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      • #18
        Thank you for taking the time to comment its so helpful. We have no problem with accepting his rianwater we a questioning the cost. A builder has quoted £5000 to replace the fron gullies and update all of the pipework that doesn't include replacing the soakaway. They all need replacing as they are all cracked which is why we believe it yo be so unfair. We think £9000 is a huge financial cost to bear and he wants us to take on full liability for all future costs which will make our house difficult to sell.

        We must add we would never expect any of our neighbours to take on such high costs. We have already shown this by paying £3000 for a roof box gutter and asking for no contribution ifrom tjis neighbour in 2019 and it was a shared cost. We have treated our neighbour with respect and been very kind. It's a sad situation but one that needs resolving.

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