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  • FIRST POST
    • Mb3
    • By Mb3 11th Oct 18, 1:05 PM
    • 2Posts
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    Mb3
    Damage from neighbours leak
    • #1
    • 11th Oct 18, 1:05 PM
    Damage from neighbours leak 11th Oct 18 at 1:05 PM
    In August 2018 I noticed water coming over my drive from my neighbours property (the 2 properties are separated by a hedge, and each of us have a driveway, but their property is on a higher level than mine by about 2-3 feet). I telephoned the water board straight away and notified the owner's daughter who lives there (her father owns the property but is 92 and gets confused). She said she'd thought they'd got a leak a few weeks before but didn't do anything. I was present when the Water Board discovered a leak of 8 litres per minute from their property on 10 September 2018. To date nothing has been done, I have tried complaining to the Water Board in desperation but obviously because its on private land the Water Board are not responsible. Because my property is on a lower level, the water is constantly seeping on to my property, which has caused the tarmac on my drive to disintegrate and pot holes develop, with cracks to concrete beneath it. The drive is constantly wet up to the outside wall of my property and in places is covered by a film of sludge, I have mobility problems and I slipped and almost fell because of it a few weeks back. More worryingly is the unseen damage this is causing to my property. I have spoken to the daughter but she blames the Water Board and keeps saying she's waiting for them to get back to her. I cannot believe someone would allow so much water to be wasted for almost 2 months now. The whole business is making me ill. It looks like the only way I can get anything done is if I claim on my insurance, there is a 300 excess and of course my premium will go up. Does anyone know if I would be able to get this back if I take them to a Small Claims Court? I'm now thinking of selling next spring, and I would have to declare any neighbour disputes if I went down that route. Has anyone had any similar experience or any ideas?
Page 1
    • eddddy
    • By eddddy 11th Oct 18, 6:26 PM
    • 7,095 Posts
    • 7,066 Thanks
    eddddy
    • #2
    • 11th Oct 18, 6:26 PM
    • #2
    • 11th Oct 18, 6:26 PM
    I doubt that damage that occurred gradually over 2 months would be covered by your buildings insurance.

    You say that the leak was discovered on 10th Sep (or before), but your neighbour did nothing about it, and damage to your property has occurred as a result.

    By doing nothing about the leak, your neighbour was probably negligent, so you can claim damages from them to cover the cost of repairs.

    Assuming the cost of repairs is less than 10k, you can claim through the small claims court.
    • Mb3
    • By Mb3 12th Oct 18, 8:19 AM
    • 2 Posts
    • 0 Thanks
    Mb3
    • #3
    • 12th Oct 18, 8:19 AM
    • #3
    • 12th Oct 18, 8:19 AM
    Thank you for your help.
    • Sibbers123
    • By Sibbers123 12th Oct 18, 12:14 PM
    • 24 Posts
    • 15 Thanks
    Sibbers123
    • #4
    • 12th Oct 18, 12:14 PM
    • #4
    • 12th Oct 18, 12:14 PM
    You want to take a 92 year old man to court.

    In the long term this will make your life a misery - you have to live next to them remember. Why not try and sort the whole issue out between yourselves.

    I find it hard to believe that the damage caused would be that great over such a small period of time - especially in the summer months. Damage will get worse when the temperature drops below freezing,

    What happens when it rains? does your whole property fall over?

    Also, writing in paragraphs makes a question far easier to read!
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