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 water no longer drains towards his house but is dammed back onto land (A). Having done so causes house (A) land to become boggy and have no natural drainage.......
Does house (A) land have to have been draining that direction for more than 12 years since built to have the right to drainage...OR... did the right exist prior to house (A) being built, considering that the land always drained that way naturally.
If the 12yr rule applies then when does the right start ie. date house (A) is sold........date house (A) is started to be built...OR..... date developer of House (A) bought the land that house (A) and others houses he may have built stand on. If house (A) deeds state that there is a right of drainage then does the right apply immediately?
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 water no longer drains towards his house but is dammed back onto land (A). Having done so causes house (A) land to become boggy and have no natural drainage.......
Does house (A) land have to have been draining that direction for more than 12 years since built to have the right to drainage...OR... did the right exist prior to house (A) being built, considering that the land always drained that way naturally.
If the 12yr rule applies then when does the right start ie. date house (A) is sold........date house (A) is started to be built...OR..... date developer of House (A) bought the land that house (A) and others houses he may have built stand on. If house (A) deeds state that there is a right of drainage then does the right apply immediately?