I appreciate this is not your garage and it is not your land but
how much do you think this would cost to put right?
The reason I mention that is that if the neighbour will allow you
to do this, it is going to be cheaper and quicker and more certain than going
to court. The decision is yours and I can understand if you don't want to give
the neighbour the satisfaction.
You have a claim in common-law nuisance. You can get a solicitor
(better than writing yourself,) to write to the owner of the property next door
(via the agent if necessary) saying that unless he remedies this, you will make
an application to court for an injunction and legal costs, to compel him to fix
the gutter. If he does it without going to court, then you stand all those
If you wish you proceedings are men he does it, you can apply to
court to get a court order for what are known as wasted costs which the
solicitor's costs and court costs, even if he has paid the amount that you are
claiming, in full.
The solicitor will probably want £100 for opening the file at
outset and the court fee for applying for the injunction is £175.
If it goes to a contested hearing, expect to spend between £3000
and £6000 on top of that. The good news is, that if you win, you can get all
those costs awarded against the neighbour you are then faced with pursuing him
for the costs if it does not pay up.
You can see therefore why, if fitting a downspout at a cost of 50
quid or so solves the problem (provided the neighbour will agree) it is much
quicker, cheaper and risk-free.
Inconsiderate neighbours really annoying me and I am really
fortunate that mine are superb.
The decision as to how you proceedings yours but at least you now
know the financial situation
Does that answer the question? Can I assist
further or answer any specific queries?
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