Neighbour flooding our land

HaydenB

We live in West Yorkshire and adjacent to our garden at the rear of the property is a pond which is on our neighbours land. There is a stream which runs down between two roads, enters the pond and then there is an overspill which takes excess underground and into the sewer on the main road.

Due to a lack of maintenance over the years it appears as though the overspill has become blocked. When there is excess rain the pond cannot manage the additional water, the overspill is blocked and so the water floods into our garden which is causing us severe problems.

The heavy flow of water has washed away the seal to our garage so our garage now floods. We are also having significant works carried out to the rear of the property which is being affected due to the excess water.

The owner of the property rents out the house though I have been in contact with him - first back in March when it first happened. And a couple of times over the last few weeks. Unfortunately we are getting nowhere with it; his attitude is very blase practically brushing off it being any of his responsibility.

From the limited research I have done, I believe that it is his responsibility to ensure full maintenance of the pond and any overspill to ensure it doesnt cause any problems to neighbouring properties.

I have had the Council involved and they are on our side and trying to add pressure on our neighbour to resolve the issue but again he is not taking the matter serious. I am not sure what else that they can do.

Have I understood the law correctly in that it is the landowners responsibility? Any advice on what I can and should do?

LadyDee

Is the overspill point accessible? If so, if it's just blocked with leaves/silt etc. I'd be getting somebody else to clear it in order to protect my own property, rather than probably spending £000s on solicitors.

How about the local water authority - are you sure the blockage is at your neighbour's end of the overspill or at at/in the sewer itself? They might be able to take action against the land owner if his negligence is causing blockage in the sewer.

wobbley

Check for legal expenses cover on your buildings insurance.

In the meantime collect evidence photos, measurements and even water samples.
Keep a simple log of condition and situation.