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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18683
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Our neighbours garage connects to our driveway and the roof

Resolved Question:

Our neighbours garage connects to our driveway and the roof guttering has no down pipe. Every time it rains the water shoots onto our driveway and washes the sand out between the paving. The sand smears onto our cars and it makes the driveway, which is slightly downhill, slippery.
Our neighbours are just tenants, the property is managed by a property agency. We spoke to the neighbours directly and we wrote twice to the agency without any success nor reaction.
What are our legal options from here?
If we involve a lawyer who will have to pay for that?
Submitted: 6 months ago.
Category: UK Property Law
Expert:  Stuart J replied 6 months ago.

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends. 
What reason have you been giving for inaction?
Customer: replied 6 months ago.
The tenants just point to the property agency an the agency completely ignores us :(
Expert:  Stuart J replied 6 months ago.


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
legal costs.



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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PS Experts on here are online and off-line all day each day and
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PS. I use voice type, voice recognition typing because I only
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It is me losing it, not you. Just ask if anything is not clear please.



Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18683
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

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