Hi all. Hoping for some legal advice. For reference, we live in a semi-detached house. My neighbour wants to drill a hole in the brick boundary wall to discharge surface water into my gully. He has substantial channel drainage on his drive, but for some reason, it doesn't discharge into his rainwater gully on the other side of his house. It was likely installed incorrectly by previous owners.
There are houses on my road that do not have walls or the walls stop short so there is a gap between the house and the boundary wall so I get that the natural flow of water will go downhill. In addition, some of the houses do have holes in their boundary walls. However, I am of the mindset that just because this happens with other houses, I am not obligated to agree to anything. They may not fall in line with current guidance.
I need to add that previously was a hole in the wall, but we blocked it up as it was causing damp issues within the home. It's been blocked up for quite a few months. Also, a very small portion of his guttering goes down a shared down pipe into my gully, which, as a goodwill gesture I am happy to maintain. However, the surface water, I am not - especially given the damp issues. It's.too small a gully to serve the surface water too.
I have checked all title deeds and the water drainage search from when i bought the property, nonr of which state the gully is shared - which he insists it is. From what I have read and my limited understanding is that drainage or water discharge cannot be a nuisance or cause damage to your neighbour.
Any advice?