Issue with neighbour

never_enough

You can buy *really* large water containers nowadays that hold about 4 times a usual water butt. I'm thinking of getting some to solve hose ban problems over the Summer. Many of them can be buried, although that's probably much more hassle than fitting a drain.
I'd be a bit miffed if my neighbour had done that, especially as you'd said you'd think about it. However I can understand his side too, especially with the amount of rain we've had lately. I'm not sure that plastic sheeting is going to do much good, not to mention look unsightly, but hard to know without seeing it. Obviously he can't stop you havin g a water butt, but any further floods are going to cause a problem. Whatever you decide about the drain I'd go with the soakaway/french drain fitted along the boundary idea to keep him happy & dry.

avfc4life

I think your neighbour sounds ok. He has done a good job and saved you abit of time. The only thing there is an issue with is that he did it without your pemission. If i were you i would just say. I know your being reasonable and ill try and stop the water and thanks for doing that to your shed. The only problem is that you came over into my garden without my permission. Just ask first next time (something like that) Also maybe the reason why he came over was that while you were away if flooded again and he wanted to stop it?

Dont fall out over it he seems decent just tell him that you dont want him coming over your garden without permission again.

Liz1966

My (admitedly novice) knowledge of the law is that you are entitled to enter someone elses property to conduct essential maintenance on your own property. This needs to be done with the agreement of your neighbour but they can not refuse you access. If you were out at the time the flooding started what do you expect your neighbour to do? Sit & watch the water flowing in? Even if it is a small amount of water it will cause damage to anything stored & possibly to the building particularly if it is happening regularly. It will stop him using the garage as he wants to.

Your neighbour did ask you to rectify the problem & you didn't taken any action ('thinking' isn't action). I don't feel your neighbour has been unreasonable. If you were to complain about his actions or take legal actions just think what he would put in as a defense - his neighbour failed to maintain his property thereby causing water damage & failed to rectify a leakage when it was pointed out to him. The surveyors costs are going to be way more than the cost of sorting out the problem!

By the way - I live in a flat & in the last 13 years I've been flooded by my upstairs neighbours washing maching overflowing, shower pump pumping gallons of water over the floor & water cistern overflowing. All quite upsetting at the time but not worth a neighbours dispute over.

I hope you gets this resolved amicably.

paddy's_mum

Griff is quite right that duncan's property has been trespassed upon and that he could, if he so chose, take the matter into court. What follows is not meant to be sarcastic but should be read somewhat lightheartedly.

"Your honour - my neighbour trespassed on my land after I had twice been notified of but failed to abate an actionable nuisance. He did a tidy job to protect his own property, so I cannot claim the costs of repairing my garden, but he shouldn't have been there in the first place. I was gonna do it sometime soon, when I'd had a think, my holiday, saved up and bought a new car.... I did not deal with the likely problem when I first built the conservatory and it probably would not have passed building regs if I had installed no effective drainage. I think he is being unreasonable and I want damages please."

His honour, who remember has far wider powers than just dealing with the precise 'charge' put before him to consider replies thus:-

"Hmmmm Mr Duncan - yes... I see. Okeydokey - Mr Neighbour you should not have trespassed, even to save the pet dog that was drowning in the water butt. I award Mr Duncan one pound and one penny punitive damages.

Mr Neighbour - Mr Duncan failed utterly in his duty and responsibility to you, he has brought this action entirely upon himself and I award you five thousand pounds damages for stress, loss and the costs of this court action"!!!!

Sometimes the niceties of law are simply not worth the costs/aggro to pursue. You have suffered no real nor indentifiable loss. I think the suggestion earlier to just mention to your neighbour that you don't appreciate his trespass is perhaps a way forward, if you really feel you must protest but in your shoes, I would be keeping quiet, glad that it has probably all blown over and be most thankfully counting out the money that is still in my bank account and not in that of the lawyers!

HugoSP

I agree with all the above, but would like to hear Duncan's update on this.

Duncan, if your neighbour hasn't buried you in that trench he dug, could you let us know how you got on mate?

duncan32

Sure, here's the current situation. This morning I went to FOCUS and got a water butt that is almost twice the size of the one currently being used (its is now 210 litres). I am hoping that this will be able to deal with a downpour during the night or during the day (i.e. when I am not around to empty it before the overflow pipe kicks in). The overflow pipe has been slightly amended to ensure that it does its job. I'm not sure whether I was clear on the point that there was always an overflow pipe? The problem was just that it had stopped working, due to sagging in the middle and gravity therefore not taking effect! The length of the pipe has been shortened and the angle of descent has been increased, so the water gushes out of the end and can easily keep up with the speed at which the butt would fill, so should prevent flooding. I am also considering a soak away at the back of my garden, to deal with the overflow water (of which I hope there will be very little, as I intend to be very diligent with emptying the water butt after every rainfall - I am hoping to just attach my garden hose and turn on the tap, rather than have to go back and forth with buckets).

Anyway, I feel that this is acceptable, what do you lot think? I went to speak to my neighbour this afternoon, to let him know that I am taking it seriously, as someone suggested, and to outline my thoughts and plans to sort the problem. It went well, we shook hands, he told me what he used to do as a young man, and we were smiling as we parted. I am glad that this is the course of action I have taken, and appreciate all that have suggested it to me.

He is still expecting me to try to get a downpipe into a drain though, which I am concerned about, as I really think that there is no accessible drain for me to get to. I told him that I am looking at digging a few slabs up at the side of the house to see what is there, and that I had bought the bigger water butt in case there was no other option than to make the water butt work.

Looking foward to your replies!

Thanks.

Duncan

HugoSP

Duncan - right on que!

Your last para. He may think or know that there is a drain there. If there is not you do have the option to put one in to the soakaway that I suggested.

It will require a lot of digging but wouldn't be too costly in terms of materials. You could hire a digger for the WE for around £100. The materials will pobably cost you the same again from Screwfix.

You may be able to dig the trench out for the pipe by hand but you won't want to dig the pit out for the soakaway by hand, I can assure you!

Alternitively, If you are uphill from an area you could drain out to without upsetting anyone then you may have the option of allowing the water to run into this area. This may be a gravelled area of your garden etc.

If you need any advice on this specific topic please PM me as I have just done a surface water drainage system in my place. I did it to protect our house that has a basement and I wanted to keep the water away from it.

Doonhamer

But assuming this conservatory is attached to your house, surely there is a downpipe from the house gutters fairly close by?

red40

Hi Duncan, looking at your problem the cheapest option I could come up with is a submersible water butt pump with a suitable float switch.

Draper do one here. Hozelock do one as well, it doesn't operate via a float switch but I am sure it could be operated via one of their timers.

From the link above it appears that the outlet is via a hozelock connection here to a hose pipe, which you can run down the garden and as its pumped you dont have to be concerned about the gravity problems. If you are 'uphill' as Hugo says you simply fit a Hozelock non return connector. The only thing you need is an electrical socket that is handy, is there one in the conservatory?

Not sure I would be tempted to go digging for the drains, if you go down this route, don't forget if you are extending or altering the drain you may need to speak to your local authorities building control department first.

jennifernil

I don't understand why you did not connect the gutter/downpipe on the conservatory to the house downpipe in the first place! Up here (Scotland) you would not get away with anything else.
I think your neighbour has been very patient, and you should do the job properly. Did Building Control allow this situation? If so they have been very lax.