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Drainage problem
My garden slopes towards my neighbours whose property is 4ft lower than mine. We have clay soil. Natually rainwater drains from my garden into hers and she is blaming me for her garden getting flooded. She wants me to pay for some kind of drainage system in my garden. Dont think its down to me to do this as we live on a hill and my other neighbours garden drains into mine. As her property is the lowest in a row of four house any suggestions what she can do her garden is small and mainly paved over.
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Being paved over means her garden cannot absorb water so, since she's at the bottom, water will just sit. This is why there are new rules in place about using absorbent materials when paving over front gardens to make off road parking in order to improve drainage and reduce local flooding.
The problem and the solution are definitely hers. She needs to consider lifting some or all of the slabs and replacing with gravel or slate chippings on a porous membrane or installing concrete drainage runs - http://www.diy.com/help-advice/how-to-fit-a-paving-drainage-system/CC_npci_100144.art - leading to a soak away or drain.
I copied the following from 'Law and your Environment':
There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour’s land. But you are not allowed to artificially channel water a way that will cause damage your neighbour’s land. If you do, you may face a civil action. (Example: Yes - Rainwater that falls on your lawn is allowed to flow downhill through your neighbour’s land. No - You are not allowed to channel roof water through a down pipe on to your neighbour’s property.)
Perhaps that will help.
Just been cleared of causing flooding to my neighbours property, went to Tribunal, fortunately all the other neighbours and supporting drainage maps proved in my favour, a land drainage expert came 3 times to dig holes trying to find ' filled in ditches ', none exist, so cleared.
Won the case, cost me 17k, guilty until proven innocent.
Good luck.
" Did you ask for costs to be awarded ? "
Work in progress.
Good luck Richard
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
You could be a good neighbour and dig a soakaway.
BT moved a telegraph pole, accidentally put it on top of the main drain that takes all the village water to the river, this blocked the drain, the water backed up into her garden and field, everyone tried to explain, she chose to blame the neighbours, even went on Radio Lancashire " My neighbours have blocked all the ditches "
Post moved, problem solved.
Sorry I won't be digging any soakaways.