Discharging rainwater

[horleyox]

My neighbour has been discharging all rainwater from their property via an open drainpipe on a flat roof aimed roughly to spill into one of my gutters and down pipes, but generally it just runs down my wall, especially if there is a downpour. This causes damage to my kitchen wall internally and externally. My neighbours say it is 'customary' to share drains/rainwater goods in mid-terraced properties like ours and refuse to make their own arrangements or spend money on sorting out a fixed connection to my down pipe. They also refuse to pay for damage caused. What can I do?

Horleyox

[seduraed]

Re: Discharging rainwater

Have you tried talking to your insurer. If there is damage you may well be able to claim I think otherwise check whether you have legal cover with your insurance and speak to a solicitor. There are firms on this site who offer fixed fee advice . I haven't used them but I haven't seen any major compLaunton either.

[Crazy council]

Re: Discharging rainwater

check with council planning to see if it complies . . Then your insurance. It creates much more of a seroius problem than most people reaslise. Always act when waters going onto a building

[des8]

Re: Discharging rainwater

Legally a landowner must ensure that water collected on his property does not cause damage when released.

If the water has damaged your property you may be entitled to claim for the cost.
To prevent further damage you could apply for an injunction against your neighbour although it may be cheaper to install drainage and claim for this cost.
However it is better to try to work out a solution in the first instance rather than go down the legal route, or if that is not feasible try via insurance as already suggested.

[horleyox]

Re: Discharging rainwater

My neighbour's have now decided to engage the services of a chartered surveyor "to assess and make recommendations". They are insisting he will need access to both the inside and outside of my property.

horleyox

[des8]

Re: Discharging rainwater

well if you are claiming for the damage done to your property by the discharged rainwater it is only right that they are allowed to have their own assessor examine it.
This does not prevent you obtaining your own estimates to make good any damage.

[horleyox]

Re: Discharging rainwater

I have already made an insurance claim for the damage caused and they are aware of that. Do you think they are worried the insurer will come after them for reimbursement and they wish to dispute this? Not willing to give me any details of who their chartered surveyor is - no idea therefore if he is a building surveyor, party wall specialist or an estate agent!

Horleyox

[des8]

Re: Discharging rainwater

You have every right to ask him about his qualifications before deciding whether or not to allow access.
However if you have made a claim through your insurers they may instruct a loss assessor.
Contact your insurers and discover if they will be sending an assessor, and if they intend to attempt to recover their costs from your neighbour.
I doubt they will do either, but you never know.

As you are not actually claiming against your neighbour, question the neighbour's surveyor when he calls regarding his qualifications, and the reason for wanting access to your property.
You will then be in a possession of the knowledge you need to make an informed decision.

[horleyox]

Re: Discharging rainwater

Cancelled surveyor (cheapskates). Relying on (yet another) contractor who says my gutter under their flat roof is 1/4" short and that's why there is £1200 of damage to my kitchen. Denying they received a quote to route round the other side of their house and don't want to take up building control officer's suggestion of discharging via foul drain (Severn Trent say they must arrange to pump discharge into their garden). Insurer says escape of water is from neighbour, so they are liable and I can't claim on my household policy. Neighbour still insisting they have no option but to discharge On to my property and down my kitchen wall. I despair of this and my ghastly inconsiderate freeloading neighbours!

Horleyox

[des8]

Re: Discharging rainwater

. Insurer says escape of water is from neighbour, so they are liable and I can't claim on my household policy.

Horleyox

That sounds most odd!!!!
Your property is water damaged.
Presumably your policy covers water damage.
Your insurers put it right (indemnify you)
If your neighbours are liable your insurers recover from them.
Simple!1
Who are your insurers, and what policy do you hold?
I'll check the wording for you.


And your gutter is 1/4" short????
If it collects all water from your roof, how come it's short.
Does he not mean their roof overshoots your gutter and they have not provided means of disposing of their rainwater?

I can see this going legal, which one should try and avoid.

[Crazy council]

Re: Discharging rainwater

hi

Insurer says escape of water is from neighbour, so they are liable and I can't claim on my household policy. Neighbour still insisting they have no option but to discharge On to my property and down my kitchen wall. I despair of this and my ghastly inconsiderate freeloading neighbours!

Whos the insurance co, make sure thats not just phone talk from a claims advisor. Your insurance claims of there incurance, not you claim from them , and its your building insurance usualy if its water.

Does it comply with planning regs ( it cant do as you describe )

They also should not have been advised to discharge into sewer rather than surface drains. I presume what the water company mean is a soakaway. Water ingression in a property is very serioius, the problems you can visbly see, arnt the real problems, if it goes on for more than a year, watch out for subcidence starting ayear or so later.

[horleyox]

Re: Discharging rainwater

Hello,
My insurer is LV. They say I should get back in touch once neighbours have sorted out their drainage problems and if they will not accept liability. Not worth repairing if going to continue. My neighbours have since sought legal advice (after 16 months of discharging) and now say they will put a temporary solution in place (no doubt as a consequence of this advice, but no admission of liability). Building control officer said could do nothing as not new build and no enforcement action taken after 2 years.

horleyox

[des8]

Re: Discharging rainwater

So your insurers did not say you can't claim on your household policy, but that they could not see the point of carrying out repairs until the cause of the water ingress was removed.
That cause is your neighbour's responsibility, but they at last seem to be remedying the matter, at least temporarily.

Will your insurers now settle your claim and see to the repairs?
Do you have legal expenses insurance with your household policy?
If you do, you could possibly obtain assistance in having your neighbour put things right permanently, if necessary.

[horleyox]

Re: Discharging rainwater

Hello again, no I do not have legal expenses insurance. And my neighbour's tactic is now apparently to have something on record to the effect they are taking action but not accepting liability, when actually they're still doing nothing, while their solicitor has contacted the previous owner of their property to determine if they can claim prescribed rights on the basis he might have done the same thing when he lived there.

horleyox

[des8]

Re: Discharging rainwater

The law of nuisance says that a person cannot use his land in an unreasonable fashion so as to cause damage to his neighbour. The courts decided in 1344 that it is an actionable nuisance for a person to allow water from his eaves and gutters to fall on his neighbour's land or house.
You , therefore, have the right to bring court proceedings against your neighbour, seeking an injunction requiring him to put in proper drains so that the water does not come on your land. If this problem has gone on for many years, the courts may be reluctant to grant you an injunction and you will be limited to a claim for money damages. In principle,
If the position has been the same for the past 20 years, however, your neighbour may well have acquired a legal right to discharge water on your land by what is known as prescription.

can you not take steps (eg, connecting his drainpipe to your guttering via a hopper) to minimise the problem,and then take action to attempt to recover the cost from your neighbour.?
That may work out a lot cheaper (and certainly a lot less stressful!) than fighting a court action if your neighbour is preparing to be litigious