Small claims - riparian rights

Manxman_in_exile

OK.

This is only my opinion, but unless you are happy both to write off the cost of damage already suffered and to run the risk of further flood damage, I'd want a solicitor to at least review the case and probably send a letter telling the neighbour to rectify the overflow problem.  But as part of that review I'd want an honest assessment of my chances of eventual success and costs, and the liklihood of recovering costs from my neighbour (or ending up paying their costs or getting insurance to cover that eventuality).

I think I'd pay a grand to do that, but if you literally can't afford to spend that kind of money then you can't spend it...

You have to weigh up the pros and cons and make a decision.

I'd also just add that I think problems caused by torrential and "unnaturally heavy" rainfall are not going to be getting any better in the near future.

Manxman_in_exile

At the same time, you want to avoid a legal dispute with your neighbour as it never goes down well when you want to sell the property and you would have to declare it.  But if your neighbour won't cooperate and won't act reasonably then what are you going to do?

Also, and this is just a personal view, I think you have to get it sorted from the point of view of selling the property in future.  Many years ago my mother advised "Never buy a house next door to a river or a stream".  If I was a prospective purchaser, the presence of a pond or stream next door would ring alarm bells for me. 

There's a world of difference between saying "Yeah - it floods our property every time it rains heavily" and saying "It's all under control - or neighbour maintains it properly".