Neighbour directed his drainage on our land

[caterpiller2]

Can anybody help my neighbour has installed pipework that spills directly on my land. The back of my fence has a slope that has already slipped casing my fence to fall. The neighbour has built up but sloped his drainage along with a pipe that pours water directly on my already saturated land. We have a small stream at the bottom and he therefore could have channeled the water from the middle of his land instead of channeling his water sideways directly on my land. Where do I stand . Can anybody help

My fence is falling due to already saturated land slippage

Contact your council/environmental health

Pp beat me to it but yes, report to your local council.

That is outrageously rude. I think you are not supposed to funnel water from your land on to other people's. I can imagine it taking a lot of time and effort to get the neighbour to change this. I wonder if the quickest and easiest solution would be for you to bung the end of the pipe on your land. That will hopefully back it up and maybe make a pond on his.

Post on gardenlaw forum they will be able to give you the legal rights for both you and your neighbour. There is unlikely to be something in place which allows your neighbour to discharge onto your land, but in some cases there are.

The neighbour has dug a slope put in the pipe which is cut off at the edge of our land. The water directly pours on our land . So instead of the water going down hill to the stream he has put the pipe directly sideways to our land. He has then built up a wall of bags filled with soil behind his fence with the pipe sloping underneath. Further to this he has then dug a trench sloping again to our garden with stones . So in effect as well as us having already saturated land causing land slippage we also have the neighbours as well.

That's just cheeky. Definitely council and keep on till they do something.

Has he directed it into your land rather than the stream to avoid any chance of prosecution for polluting the stream at all?

It wouldn't pollute the stream it's a natural slope at the back of the fence

@caterpiller2 You need to download from land registry both sets of deeds (registered property details) for your property and that of your neighbours, just to check there isn't a covenant or wayleave which allows your neighbour to discharge onto your land. You will then have the information you need, which hopefully shows what you neighbour is doing is wrong.

Check your house insurance policies as you may be able to use that if your neighbour does not stop doing it, if they are not allowed to.

I would initially speak to your neighbour, if not ask a solicitor for the cost of drafting a letter to asking your neigbour to remove all the pipework etc and desist allowing drainage onto your land. Enclose copies of the land registry information showing they have no right to do so.

The natural slope of the land and the stream would have me checking there isn't something, especially if an older property, which may allow drainage onto your land.

I am not saying it is right but make sure you check all documentation so you are very clear of your position.

I will contact the council and will update feed. If anybody has any further suggestions please let me know .

Where is the water coming from? If it's from a septic tank or other dirty water source then he will need permission (I think Environment Agency) to discharge this.

No it's natural rainwater

He has just channelled it to pour onto our garden

I am not sure the council will be that helpful tbh unless this is a result of a planning matter and the pipework is in breach of the planning permission. Rainwater discharging is not an environmental issue to the Environment Agency will not be interested either.

The only possible interest that may have is if it is causing a health and safety (landslip) situation.

If one of both of the properties are council houses they may be more interested.

I hope they are able to help you of course!

I found a web page that answers this from a solicitor

https://www.lexology.com/library/detail.aspx?g=9b8bcd67-e4bb-4cc1-9ed4-ea156ecd3ab1

you might want to talk to them about it and if you dont get any joy get a solicitor to send a letter before action. I am not sure what the council will or can do if it is private land.

@caterpiller2 You may find this useful https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=22965

Sorry but if he won't redirect if you ask the only way is to lawyer up!

Thank you I will read up on this. He can't be approached as he is quite aggressive . He is a bully

Do you have legal cover on your household insurance? Unless he has a specific leave to do so, he can not discharge water on to your property. You may need to get legal advice if he is not open to reason.

Interested to know the outcome of this pls