UK Property Law
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I appreciate this is not your garage and it is not your land buthow much do you think this would cost to put right?
The reason I mention that is that if the neighbour will allow youto do this, it is going to be cheaper and quicker and more certain than goingto court. The decision is yours and I can understand if you don't want to givethe 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 makean application to court for an injunction and legal costs, to compel him to fixthe gutter. If he does it without going to court, then you stand all thoselegal costs.
If you wish you proceedings are men he does it, you can apply tocourt to get a court order for what are known as wasted costs which thesolicitor's costs and court costs, even if he has paid the amount that you areclaiming, in full.
The solicitor will probably want £100 for opening the file atoutset and the court fee for applying for the injunction is £175.
If it goes to a contested hearing, expect to spend between £3000and £6000 on top of that. The good news is, that if you win, you can get allthose costs awarded against the neighbour you are then faced with pursuing himfor the costs if it does not pay up.
You can see therefore why, if fitting a downspout at a cost of 50quid or so solves the problem (provided the neighbour will agree) it is muchquicker, cheaper and risk-free.
Inconsiderate neighbours really annoying me and I am reallyfortunate that mine are superb.
The decision as to how you proceedings yours but at least you nowknow the financial situation
Does that answer the question? Can I assistfurther or answer any specific queries?
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