Our property is in the middle of a terrace of 6 properties. Our neighbours are in the process of adding a conservatory. They are saying that the rain water soakaway in their back garden will not be able to cope with the additional rainfall draining from their roof and we will need to provide a soakaway for our rainwater, which currently is taken down the downpipe from their gutter to the soakaway in their garden. He is threatening to block off the gutters at the boundary between the properties and we will have to provide for our own drainage. Is he allowed to do this?
July 2, 2010 by admin
There is no common law right to pass rainwater over the land of another. If a right is to exist it must be granted by the neighbouring owner in what is known as an easement. It will therefore be necessary for you to look at the deeds to your property to see whether a right has been granted to you to use your neighbour’s soakaway. If not you will unfortunately have no alternative other than to make your own arrangements to drain rainwater.
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