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Posted: Wed Jul 21, 2010 1:27 pm
by dajoroc
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 ???
Posted: Wed Jul 21, 2010 2:16 pm
by GB_Groundworks
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.
Posted: Wed Jul 21, 2010 4:47 pm
by dajoroc
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?
Posted: Wed Jul 21, 2010 7:15 pm
by rab1
yes, you are not allowed to drain your property onto anyone else's.
Posted: Wed Jul 21, 2010 7:49 pm
by msh paving
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 
Posted: Wed Jul 21, 2010 8:55 pm
by dajoroc
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. ???
Posted: Thu Jul 22, 2010 5:19 am
by lutonlagerlout
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
Posted: Thu Jul 22, 2010 7:58 pm
by dajoroc
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
Posted: Fri Jul 23, 2010 5:32 pm
by Paul Miller
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.
Posted: Fri Jul 23, 2010 6:42 pm
by rab1
yes
Posted: Fri Jul 23, 2010 8:59 pm
by dajoroc
Been in touch with local planning, they say it is a civil matter!!! help!!!!!!!
Posted: Fri Jul 23, 2010 9:38 pm
by r44flyer
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.
Posted: Fri Jul 23, 2010 10:17 pm
by msh paving
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 
Posted: Sat Jul 24, 2010 11:17 am
by seanandruby
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 :;):
Posted: Sat Jul 24, 2010 4:22 pm
by dajoroc
Thanks again your help is appreciated. Good point Sean & Ruby 