Anyone know anything about nuisance law relating to property?

[MGMidget]

Neighbour has done a loft conversion which is allowing some of their roof water to drain onto our roof. Evertything I have read suggests they cant just do that. However, our legal expenses insurer suggested we have to monitor for signs of damage and cant just bring a claim (we are covered for tresspass, damage and nuisance). I wondered if this is correct and if so what happens if it takes a long time for the damage to be discovered? We have already been advised that the damp problems their work may cause are ‘insideous’ and we have an internal lining in our own loft wall below the roof area so damp problems would be hidden unless their was a really serious problem but there could be rot developing that will only be found out after many years.

I am not sure I can trust the legal expenses insurer’s response and I may be being fobbed off ( I suspect they are also insuring our neighbour!). I would appreciate any views from those with knowledge off this area please!

I'm a surveyor not a solicitor so don't rely on this but I think that the issue here is about the remedy. You can't bring an action against your neighbours if there is no damage as you haven't suffered a loss.

How do you know about the issue? Can you take photos and liaise with your neighbour to try and rectify before damage is caused?

Thanks Zampa, we took a video in the rain by hanging out of the loft window and sent it to them on a disc with a letter as they wouldnt speak to us. They ignored it though and didnt acknowledge receipt if it so Zi think they would try to pretend they never knew about it. I dont really want to spend out on an expert report if there’s no remedy though. My worry is that they gain rights over time to use our roof for drainage and then we are responsible for making provision forvtheir water even if that means making alterations to our property for their benefit. Is that right? If you are a surveyor do you ever handle this type of matter as a surveyor and if so does it just get allowed unless there is obviously damage being caused?

@MGMidget I'm afraid that it's not my area of expertise so wouldn't like to comment further.

Best of luck.

If it is going on your roof is it not then just draining off through your guttering or are we talking about a flat roof?

You can bring it to court for them to rectify but not claim as there isn't damage but I would recommend asking them first to fix it before going further

Thanks, we flagged it up early on but to no avail. They claimed their builder and project manager said it was fine etc!