hi I have a problem my neighbour has an un-passed extension that was built many years ago this extension has a rain water drain that feeds into a hopper on my property (I don't feed into it apart from roof rain water.. this hopper got blocked up with a crisp packet from the shop and flooded the wall damaging my living room. the neighbour wont do anything about it my solicitor is struggling to find out who is responsible for the repair & the damage costs. I've asked the shop just to pay for the excess but they still refuse to.. its been a few years struggling to sort this out..
If you can help It would be great to get your opinions.
Michael Marshall
My solicitor says this:
In terms of the various points you have raised. there is one central point that we can not identify an answer to. Who is responsible for the maintenance of the drainpipe that caused the damage?
At best we suspect it might be shared and we would argue that the collector that caused the damage is your neighbours responsibility as it serves their flat.
The collector is it would appear attached to your property and therefore there is an argument that its maintenance is your responsibility. We can not identify a definitive answer to this point. The drainpipe is not a sewer and thus the principles on sewers are not of direct relevance to this matter.
I am content to write to your neighbour on your behalf setting out the claim once again and suggesting that negotiations with their insurer and your insurer have proved fruitless.. I will remind them that they had previously promised to resolve this issue under their "good neighbour" procedures.
If they are not willing to entertain this claim then it appears that it would be unlikely that your insurers DAS would fund the commencement of court proceedings as there is a significant risk that the court would find that the responsibility for maintaining the drain and collector is shared and thus that you are in part responsible for some of the losses.
Whilst this may result in a 50% recovery, there is also a risk that it may result in no recovery at all. Accordingly the prospects of litigation being successful are less than 51% and your insurers will not allow us to commence proceedings in those circumstances.
If you can help It would be great to get your opinions.
Michael Marshall
My solicitor says this:
In terms of the various points you have raised. there is one central point that we can not identify an answer to. Who is responsible for the maintenance of the drainpipe that caused the damage?
At best we suspect it might be shared and we would argue that the collector that caused the damage is your neighbours responsibility as it serves their flat.
The collector is it would appear attached to your property and therefore there is an argument that its maintenance is your responsibility. We can not identify a definitive answer to this point. The drainpipe is not a sewer and thus the principles on sewers are not of direct relevance to this matter.
I am content to write to your neighbour on your behalf setting out the claim once again and suggesting that negotiations with their insurer and your insurer have proved fruitless.. I will remind them that they had previously promised to resolve this issue under their "good neighbour" procedures.
If they are not willing to entertain this claim then it appears that it would be unlikely that your insurers DAS would fund the commencement of court proceedings as there is a significant risk that the court would find that the responsibility for maintaining the drain and collector is shared and thus that you are in part responsible for some of the losses.
Whilst this may result in a 50% recovery, there is also a risk that it may result in no recovery at all. Accordingly the prospects of litigation being successful are less than 51% and your insurers will not allow us to commence proceedings in those circumstances.