The Brew Cabin

Posted: **Sat Jun 02, 2007 11:44 am**

Hello all

Problem as above! A while back, my neighbour had a new patio put in. The patio lies between his house and my drive. The ground slopes from front to back and the patio steps up on the downhill side. No drainage has been put in at all with the result that the water runs off the side of the patio and drops onto the floor of my carport and then into the garage where it sits and helps my car to rust.

The problem is that my neighbour won't accept any responsibility. He is a nice enough bloke and I have no desire to take him to court (which would be a gross waste of taxpayers money anyway) for what could probably be solved with some bricks and cement. However, neither do I see why I should have to sort it out myself at my time and expense. I'd appreciate it if anyone can suggest how I can persuade my neighbour to sort it out, without causing a major falling out!

I've found some council web pages which indicate clearly enough were the blame lies in this situation but what would be really useful is something pretty much unarguable (given that he thinks the surface water would evaporate rather than flow onto the carport floor despite the clear evidence of the green staining where it does).

Posted: **Sat Jun 02, 2007 3:14 pm**

The simplest option is to deal with it yourself. Could you put a linear drain in to take the water away?

Posted: **Sat Jun 02, 2007 5:59 pm**

what an inconsiderate sod
shame you cannot make a wall or summat so the water lays 3" thick on his patio
not sure of the legals but i know what i would do,and it wouldnt take long......
LLL

Posted: **Mon Jun 04, 2007 5:16 pm**

Lol - I think though, that I'd like to keep the moral high ground! I could deal with it myself (and might have to) but I'd rather like to try to get the chap to understand that he is responsible.

Is there anywhere were the regs are very clearly stated in laymans terms so I can make it clear to someone who doesn't want to know or listen? Or are there any cases posted where someone has gone to court over this sort of thing.

What annoys me is that, if I did take him to court, I'd still be being a more considerate neighbour than he is now!

In practical terms there is a very narrow slit of a gap between the edge of the patio and the posts (and fencing) that forms the wall of the carport. Might be able to make some sort of a wall that keeps the water away though it will have to discharge into the corner of his garden adjacent the garage and I might have to knock out some of the foundation of the patio to make the resulting channel big enough.

Posted: **Mon Jun 11, 2007 6:06 pm**

Your neighbour is not allowed to discharge surface water onto your property. Your Building Society or mortgage provider would be most dischuffed if they found out.

Your neighbour is legally obliged to intercept/divert surface water before it flows onto your property or accept responsibilitry for all and any damage incurred.

Nice bloke or not, it's HIS responsibility. The eejit contractor should have been aware of this when installing the patio, and the neighbour would be well within his rights to call back the eejit contractor and compel them to install some form of drainage.

Why should you be out of pocket for the sake of a neighbour? And if/when you come to sell the property, this is exactly the sort of breach that the buyer's surveyor will be looking for, in order to get you to drop your price. As they say in Lancashire: sod that!

Posted: **Mon Jun 11, 2007 6:16 pm**

If it can't be sorted out amicably then it's time to take it a step further - legal.

But it would be a shame to destroy any friendliness there.....but needs must....

The Brew Cabin

Neighbours new patio causing flooding