Since last August, our neighbour has had problems with a waste pipe on her land. There is currently a stand-off between her insurers and the water company as to who is responsible but she has, in effect, a four feet deep pond of raw sewage. For most of that time, it has been seeping onto our land (especially with all the rain we had). It smells, it inhibits the use of our right of way (which we own half of) and access to the bottom of our garden, it has delayed plans to replace our fence (as the sewage is standing in places), it has attracted large flies, stopped our children playing outside, etc. etc. ..... I have also had to devote quite a lot of time to trying to get it resolved. The Council are now involved and I hope we are much closer to a resolution.
Are we entitled to any compensation for the nuisance? If so, from whom would we claim? Our house insurance? Hers? The company ultimately responsible?
Thank-you.