neighbours flooding...
 

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[Closed] neighbours flooding my property type question?

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don't know if anyone on here can offer advice on this, but...

i live on a hillside. opposite to us, uphill, is a property with a gravel drive. every time we get heavy rain the water drains off their drive, spreads across the road, and deposits sand/gravel onto our side of the road.

i constantly have to keep the gutters clear otherwise my garage floods. on friday in extremely heavy rain the gravel caused the roadside gutter to become blocked, and my garage flooded.

does anyone know if the property 'up hill' has any obligation to ensure they have sufficient drainage to stop this? i don't want to claim damages or anything like that, but i am considering a polite letter to the manager (its part of a chain of nursing homes) asking them to look at their drainage.

anyone got any advice?


 
Posted : 27/04/2009 12:33 pm
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I can ask my brother, he has similar issues with his own property (his is the uphill one). IIRC in English law run-off water can be allowed to run onto someone elses property however if it starts flooding roads its a different matter. I wont claim to know for sure but a quick call to the council (highways is probably best) will answer the question.


 
Posted : 27/04/2009 12:36 pm
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I would suggest weeing in his shoes but he probably already has a whole load of people up there doing it already.

On a serious note I suspect they are not obliged to do anything but you might want to approach the local council asking them to do something about the drainge. The water does after all flow across a road to get to your property.


 
Posted : 27/04/2009 12:37 pm
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they should nt be discharging water (let alone sand/gravel) onto a highway
if their drive slopes towards the highway it should have a drain (channel drain or similar) - speak to them or the council if you can't


 
Posted : 27/04/2009 12:40 pm
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they should nt be discharging water (let alone sand/gravel) onto a highway

That's what I understood as well


 
Posted : 27/04/2009 12:53 pm
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I would write them a letter anyway; no harm done for highlighting it to them. But yes, approach the council (as long as they are better than my shoddy council you'll probably be ok)


 
Posted : 27/04/2009 2:25 pm
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thanks guys, a letter with an 'as i understand the law...' type line could be in order then.

unfortunately i have 'history' with the local council highways dept, so best if i avoid them! ; )


 
Posted : 27/04/2009 3:23 pm
 MTT
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pump it back into his garage.


 
Posted : 27/04/2009 3:29 pm
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Dig a drainage ditch along your boundary and if there is nowhere to dischage this run off water below your property, dig a big soakaway and backfill it with hardcore.


 
Posted : 27/04/2009 4:33 pm
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If its part of a chain of nursing homes it will be a beurocratic nightmare. You might get results form informally speaking to the maintenence man - there will be an on site one. Or tyr speaking to the manger. Otherwise its the council and wait I guess.


 
Posted : 27/04/2009 4:35 pm
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Build a sandback wall along and slightly up the bottom of his driveway, when he returns home and has to demolish a sandbag wall and get very wet in the process he might get the picture 🙂


 
Posted : 27/04/2009 4:36 pm
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Im pretty sure that discharge of water on to public highways / off your propery is covered by the local water board / company as they usually have the final say as to what is to be done about surface water run off - i.e. if it has to be drained in to local storm water drains or if a soakaway is necessary.

I'd contact the water company that covers your area and the council and check on the the legislation that covers surface water run off. It will probably be down to the other property to controll the flow of water off there property and make sure they have sufficent drainage / soakaways in place to remove the excess water.

The water companies are increasingly moving in favour of forcing people to create soakaways on their land to minimise the amount of water channeled in to storm water drains.


 
Posted : 27/04/2009 4:43 pm
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The water companies are increasingly moving in favour of forcing people to create soakaways on their land to minimise the amount of water channeled in to storm water drains.

This surprizes me. I thought they liked to collect as much water as possible so they don't run out in a drought.


 
Posted : 27/04/2009 5:39 pm
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Water in an aquifer has far more use in the longer term than water that's run straight out to the river system via the storm drains.


 
Posted : 27/04/2009 5:42 pm
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IMO I think ALL off road hardstanding and drives should be made with grass/convcrete celluar paving

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Posted : 27/04/2009 5:44 pm