Gutter draining onto neighbouring property

[cooket3]

Hi, I hope this is in the right place and someone can help

Long story short I am having issues with my neighbour (nothing I started). He has now done something petty. On my out house the rainwater drains in to the gutter and the down pipe has always gone down the back of my outhouse and flows out onto the neighbours land beside his garage.

This has always been the case and has done for many years, his garage and driveway were built after as the land was just grass I believe. Now he has been petty and removed the downpipe, turned it upside down to it drains in my yard, he has cut the pipe, which is criminal damage.

My question is, does he have the right to tell me to change/alter the water flow when my drainpipe was there first?

Thank You

 

[footprints]

I am pretty sure you should not allow water to drain on another's property, other than natural run off that is.
Chances are he is right, as to the criminal damage I should not think that is worth pursuing what's the best outcome, he supplies you with an uncut length of plastic downpipe, which you cannot replace in the same position.
Sorry but I don't think you can really do much, is there any way to redirect the flow to a drain or gully on your side?

 

[Nakajo]

I don't suppose there's anything in the deeds about a right of eavesdrop? Failing that, how long the gutter been there?

 

[cooket3]

Ill check my deeds but i doubt itll be in there, the gutter has been there for I'd estimate 50 years at least, looking at google maps, his garage was built after July 2009. If there was a natural soak away there it may have been built over.Its with him making threats constantly when i first got the builders in I was thinking of involving the police, to try get him top stop and think twice about his behaviour.

 

[^woody^]

If the water was not going into a drain, then you may be on a loser to pursue it. A landowner has no obigation to accept a discharge of rainwater on to his land from anothers land.

As with all things like this, it's all maybes and could-dos. And the costs of any legal action are disproportionate to any outcome.

If you do think you are correct and get any legal advice to this effect, then a Solicitor's letter may get results but if not you need to be prepared to go all the way with a civil claim.

 

[Nakajo]

I think that after 20 years an easement is automatically established - but IAMNAL, so might be mistaken.

 

[cooket3]

Thank you for all your replies, i thought there would be alot of ifs, buts and maybes

 

[motorbiking]

Is it possible that there was an open ground level drainage that the pipe went in to?

You probably have an easement/right given it’s been established for so long, he might have a claim for damages caused to his land despite this. Criminal damage argument is weak, as he’d probably argue he had an honest belief that he had a right to do it.

Could you not dig a soak away for the water?

You have to consider the considerable value/hassle damage that may be caused by escalating the dispute

 

[Footsoldier888]

I think it can only be criminal damage if the pipe was on your land. Not a lawyer but it would be very odd if people could obtain easements that allowed them to flood neighbours!

Perhaps you could offer to buy him a water butt if there is space.

 

[motorbiking]

criminal damage act 1971. if you are interested.

It doesn’t need to be on your land, but there are complicating factors that would make it unlikely (e.g section 5)

summary of the key facts is in the charging standard.
http://www.cps.gov.uk/legal/a_to_c/criminal_damage/

 

[Doggit]

I think that although the water has been draining on to your neighbours property for all these years, as it's your rain water run off, I think you need to take responsibility for it. And you may find that although it's been doing it for all this time, he may well have the right to take you to court, as you are causing him a problem. This is a two sided argument I'm afraid, and his is as valid (to him) as yours is.

Do you need to install a soakaway, or can the down pipe be extended to take it further down the garden.