Claim against neighbour for damage to property by their property

[okthought]

Hi everyone!

I'm hoping that this is a small claim in the county court. I am used to making such claims under a statute but, for damage to my property by a neighbour's property, I can't immediately find a relevant statute.

I'm hoping someone here has faced a similar situation.

Can I make a claim under common law, instead? If so, do I need to cite a specific tort?

[des8]

It would probably be a trespass.

The only occasions where the neighbour may be held responsible is where they have knowingly allowed damage to occur.

[okthought]

Thank you for those steers, DES8!

Providing I cover the "knowingly allowed damage to occur" point, do you think I need to state trespass as the tort, or can I just allow the county court judge to apply the law appropriately?

[des8]

Couldn't possibly comment without fuller details of the problem

Please note I only said "probably" and that was because of the lack of detail in your post

[okthought]

Thank you. My neighbour's built-up terrace has bridged my house's damp-proof course and their faulty gutter installation has discharged water that their gutter should have caught onto my house's flank wall, perishing the brickwork.

Until you mentioned trespass, I'd been thinking more of nuisance. But I'm hoping not to have to argue precisely which tort it is.

[des8]

Regarding the guttering
Your neighbours are free to maintain or not maintain their guttering as they wish but if water is being discharged onto your property as a result of their lack of maintenance it amounts to a trespass and they can further be held liable for any damage caused if they are aware of the problem and fail to address it.

I would first of all write advising them notice that they must stop the overflow on to your property.

If they fail you then write again advising that unless they sort the problem within e.g. the next 14 days that you will apply for a court injunction ordering them to stop the flow of water onto your land. You can include a claim for the damaged brickwork together with an adverse costs order.


Regarding the built up terrace:
Is your house wall right on the boundary line? If not he is trespassing.
If it is on the boundary line, then he is causing a nuisance, which he should remove and pay for any damages caused.

Any possibility of discussing the problems with your neighbours? Much better than going legal