drainage onto adjoining property

by **morgan22** » Wed Oct 24, 2007 9:58 pm

My elderly mother lives in a semi detached bungalow and has lived there for 40+ years, the neighbour who moved in 4-5 years ago has done numerous improvements to his house. his recent large paved area at front of house slopes towards my mothers, there is no edge on the paving and no drainage, consequently all rainwater drains onto her garden. Also downpipes from his bay window and roof also lead water to her garden and not into any drain. The old fashioned drain leading water from her down pipe through a gulley to the pavement in front of the house cannot cope with the water. as a result the garden is constantly boggy and flooded during rain and has caused all of her shrubs etc. to die. Is he legally obliged to put a drain in on his land. He has persuaded her to fit a soakaway drain at her expense as he feels he is not at fault. this would be a big and expensive job.

by **htg engineer** » Thu Oct 25, 2007 3:08 pm

It may seem petty - but I would install edging stones or even a wall to divide the 2 gardens, then the poor drainage and puddles would be his problem.

Alternatively contact your local council planning authority they should come out and offer advice on what should be done and who's responsibility it is.

by **rosebery** » Thu Oct 25, 2007 4:31 pm

As in in the other topic on the same subject.

Check your deeds for covenants. I live "downslope" from my neighbour who has "right of drainage". Equally I have right of drainage over the next neighbour down the hill.

If that's the case you can do nothing about it. Blocking it off isn't an option because you deny the "right" if it exists.

Sorry not to be more helpful.

Cheers