Drain pipe & neighbour problem there is no common sense

that what I thought tbh was if they didn't keep to there promise of paying the excess then Ill disconnect them from it
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No a good idea if they have a legal right to drain through your land.

The problem is not all of these types of rights are recorded onto deed as some are implied

And if they have a right and they sued you, you will be made to replace the hopper and pay them damages.

On top of that where is there water going to go if you remove the hopper.

If it simply pours out their pipe onto your wall you will be liable for any subsequent damaged caused not them.
although the extension to the commercial property has planning permission building control were not aware it was built. it has no certificate of completion...
If I was to disconnect it and ask they make drainage else where as the tenant in the flat about leaves old books and rubbish on top of the extension and the shop owner doesn't seem to care about it. I don't want the blockage to happen again. I have paid for the hopper to be changed to a pip fitting but it still doest stop the threat of this rubbish clogging up the gutter that falls towards my wall. this is not a normal gutter more a water path with a small hole in it to 25mm pipe.

this is a retail shop with a flat above I had to have halli-bars to secure the dividing wall of both our buildings as the inspector said the shop had the same cracks in there property. would it not be fair to say the hali-bars fitted to the inside joining walls and the investigation and repair has benefited both buildings as it relates to the joining walls we both share... It would seem my house is the one propping the shop and flat & stopping it falling down... the shop has done no such repairs or contributed to mine.
Mick - whilst i understand your frustration, its time to let it go mate. You will go nowhere with this apart from making yourself upset and spending more money. Life is too short.
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I'm not paying for it Its covered by my legal expenses the advice given today was to both agree on an independent expert advice and let them make the decision Its not costing me anything but time n I got lots of that at moment. Id like it to go one way or another then if ppl come across this situation at least they can use my case to help them in some way. win or lose knowledge & wisdom is always a good bonus esp if its free. Can I suggest that you give an opinion either way and lets see whose on the side of the shop or on my side because at the end of the day it all may be down to how I presented my case to you all here and if that's been done wrong then I would thank fully be able to put that right.

So opinions so far:

Yorkshire water " shared responsibility 75% to the shop 25% to me inc cost of damages" because two pipes go in from the shop and one pipe from mine

environmental health "Investigating the fact that rubbish could cause futher problem as the gutter flows towards my home not away from it this rubbish could block the drain again" if this is correct the owner is negligent.

Building surveyor: suggest joint acceptance of an independent review of the facts by an expert giving a conclution towards who should pay for what.

What's your opinion?: giving up doesn't help any one.
A crisp packet blowing into the hopper and blocking it is not anyone’s fault apart from the person who discarded the crisp packet. There is no negligence on anyone else and no one else can be forced to pay for a damage that occurs due to it. . Unless one of the parties who drained through it knew it was there and didn’t take action to prevent the flood.

Unfortuanaly though as its your property that was damaged you have no choice but to pay he cost of repair
My opinion hasnt changed.

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