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Posted: Wed Apr 25, 2012 11:41 am
by bikertyke
On this site under drainage for pavements, it states 'it is not permissable to drain onto neighbouring land belonging to a third party'. Can someone tell me where this is stated in a legally binding kind of way. I'd lke to be able to quote some law, statute, regulation or example if and when my neighbour fails to take action on my request's for him to stop flooding my garden with his patio runoff.
Cheers all
Posted: Wed Apr 25, 2012 12:05 pm
by Carberry
Land drainage act 1991
You also need to check the deeds of both properties to see if there is some clause about responsibility for drainage.
Land registry
Posted: Wed Apr 25, 2012 2:51 pm
by bikertyke
Thanks for that but it all seems to be very high level dealing with Water Boards, flood defences, local authorities, the Government, Ministers,water courses etc. Even searching for words like 'neighbour', third party' and others I'd expect to find for my issue doesn't seem to find anything relevant.
Am I missing something?
Posted: Wed Apr 25, 2012 5:09 pm
by local patios and driveway
Theres a lot of info there, you've been given it but you cant really want one of the forum users to now read it all to find the relevant info for you! You are going to have to sit and read now, its called doing your homework... 
Posted: Wed Apr 25, 2012 5:50 pm
by Carberry
I can tell you the law, but if you want specific quotes then you would need to dig through that paper or speak to lawyer, council or environment agency.
I believe it's defined as a legal nuisance if their artificially created runoff is going in to your garden. If you're garden is below their's and it naturally runs in to yours then you don't have any claim against them.
Posted: Thu Apr 26, 2012 10:24 am
by Tony McC
It's a long long time since I read through the legislation but my recollection is that run-off from a structure is not permitted to drain onto a neighbouring property, but run-off from open land (lawn/garden/etc.) is interpreted as natural groundwater flow.
Paving, roofs, sheds, garages, etc. are all regarded as 'structures'.