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Cornishbuilder: Thank you for the advice. Am awaiting a response from the EA as to why this has happened as they did have an imput. There is more to this story, much more, a bit of jiggerypokey maybe.

In the deeds/land registry entries it states that there are "rights of drainage" but it is not specific. It does not actually say that there is a right to drain onto the lower land.

What about the nuisance which will happen each time heavy rainfall occurs and will continue. I am more interested in the 12 yr rule and whether it was applicable.

Too late! This was done 8yr ago. I am just trying to ascertain if the 12 yr rule applies. Planning permissions and compliance with conditions are another matter and the Councils help in allowing this to happen are a different minefield.

Please refer to previous post.

According to The Council this is not the case and the developer can use the 12yr rule and drainage for House (A) is the owners responsibility and no right exists to continue allowing groundwater to flow downwards. Drainage will be dealt with under Building Regulations which are not in the...

Can anyone help to answer my question? If estate house (A) is bottom house on a slope and natural ground water from the garden drains downward to undeveloped land, can a different developer years later build a house (B)below house (A) and raise the level of the land above house (A) land so the...