Surface drainage - Neighbours surface water

dajoroc · Post: # 51482Post **dajoroc** Wed Jul 21, 2010 1:27 pm

My neighbour has had his drive re-surfaced, partly with block paving round the edge & Tarmac in the centre, the surface water is now, by means of a layer concrete up to his level & chamfered down to our level, draining on to us, we have asked him to ensure the correct drainage is fitted he after cosultation with his contractor agreed but then told them to leave it. my question is should we insist on proper drainage. I would send you a photo but am not sure how Many Thanks ???

Wed Jul 21, 2010 2:16 pm

Yes he should, insist that his surface water does not drain onto your property.

Tell his contractor as well your not happy, nothing like bad pr to focus the attention.

dajoroc · Post: # 51491Post **dajoroc** Wed Jul 21, 2010 4:47 pm

Yes we did tell his contractor but it appears they had not quoted him for drainage & he refused to pay extra so are we right in saying his surface water is his responsibility & it shouldn't drain on to our property?

rab1 · Post: # 51501Post **rab1** Wed Jul 21, 2010 7:15 pm

yes, you are not allowed to drain your property onto anyone else's.

Post: # 51506Post **msh paving** Wed Jul 21, 2010 7:49 pm

10 years ago a customer took me to court for his driveway water going to next doors drive way after i paved it, he was happy at first but then went bad.....................i lost in county court 3 years to pay him back MSH

dajoroc · Post: # 51507Post **dajoroc** Wed Jul 21, 2010 8:55 pm

This is all a big heip & thankyou, Re MSH Paving does that mean I could take my neighbour to court for refusing to let the contracters put the drainage in? he has said he will do it himself, not to us but to the contracter. ???

Thu Jul 22, 2010 5:19 am

county court is a minefield
I went as a witness to damage caused by tenants to a falt that i had to refurb after they had trashed it
the upshot was ,the plaintiff who was expecting to get 3k in damages ended up paying the defendants money to go away.
thats why its always best to get things in writing, people ask you to do things all the time to save money,you explain that its wrong and they say "ooh go on"
a week later you are like the local version of attila the hun

as has been said his surface water should not drain on to your land

LLL

dajoroc · Post: # 51526Post **dajoroc** Thu Jul 22, 2010 7:58 pm

Thanks again, trouble is you know, I know that his surface water shouldn't drain onto us but try telling him that!!! he just says we are being awkward & its only water!!! we are trying so hard to be reasonable & getting nowhere

Paul Miller · Post: # 51548Post **Paul Miller** Fri Jul 23, 2010 5:32 pm

I'm sure others will correct me if I am wrong, but isn't against planning regulations to allow water to drain onto another's property. If so, then surely the local council should tell them to correct the issue or risk having it all ripped up.

rab1 · Post: # 51552Post **rab1** Fri Jul 23, 2010 6:42 pm

dajoroc · Post: # 51556Post **dajoroc** Fri Jul 23, 2010 8:59 pm

Been in touch with local planning, they say it is a civil matter!!! help!!!!!!!

r44flyer · Post: # 51558Post **r44flyer** Fri Jul 23, 2010 9:38 pm

Is it over 5sqm? If yes, he needed planning permission, and I'd be surprised if it was passed with no adequate provision for drainage.

Post: # 51559Post **msh paving** Fri Jul 23, 2010 10:17 pm

There are very few councils using the planning law for driveways,so that is probilly a waste of time asking them,
looks like a letter from solicitor to next door is needed to get them moving MSH

Post: # 51568Post **seanandruby** Sat Jul 24, 2010 11:17 am

It might only be water now, in the winter it's going to be ice and potentially dangerous. Draw that to his attention and the threat that you will sue him if there's an accident :;):

dajoroc · Post: # 51578Post **dajoroc** Sat Jul 24, 2010 4:22 pm

Thanks again your help is appreciated. Good point Sean & Ruby