Is it legal for a neighbour to put drainage pipes into your garden from their own?

Question

NQ

After some advice please…
My mother and father in law are having an awful time with their neighbours. To cut a long story short, their wall collapsed in the bad storms and the neighbours are building a new wall as it’s THEIR WALL!!! They are being as awkward and antagonist as they possibly can be. They are building the wall using breeze blocks on our side and have stated we can’t paint, attach or grow ANYTHING on THEIR WALL. The issue we have is… They are however putting in drainage pipes from their garden into ours so all the water comes straight into our garden. Is this allowed? I’ve attached some pics so you can see. We’ve tried calling the council and researching the internet for advice but it’s all very grey. Any advice on where to look or what the law is would be very much appreciated. Thanks

James Mullins · Accepted Answer

NQ, were their drainage pipes before? Also does it slope down towards your parents? Normally you have to allow for natural drainage ie sloping down but if there weren't any before then I can't see why it would be allowed this time round. I've put a link below that explains the rights about drainage http://
www.environmentl
aw.org.uk/
rte.asp?id=103

Answer

NQ - but I’d be getting in contact with my building insurance - do they have legal cover?

Answer

Thanks Guys. The wall previously was stone, a lovely stone wall with a fence on the top. Was no draining pipes. Previous:)

Answer

Its more the draining my parents are bothered about.

They are not forced to get a fence put up there self and the garden is probably 50 meters long so wont be cheap, as they are only building their wall 1.2meters tall tonlet light into their garden as they have built a summer house, leaving my parents decking area with zero privacy.

Really appreciate the replys

Answer

If your neighbour owns the wall or fence

Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. You can’t make changes to your side without their permission, such as painting it. https://
www.citizensadvi
ce.org.uk/
housing/
problems-where-y
ou-live/
if-you-disagree-
with-your-neigh
bour-about-a-wa
ll-or-fence/

Answer

Nq, your parents have no rights in terms of the wall if it belongs to the neighbours. They are well within their rights to tell your parents not to touch it. But ofcourse your parents can build their own one if they can afford it. Other wise plant some bushes next to the fence that grow quickly and provide them the privacy they desire

James Mullins

9th April 2022

+5

8 upvotes

Answer

NQ if your parents have lost privacy, they are within their rights to reinstate it however they feel 🙂 my friends new neighbour stuck cement up her drains to block them flooding my friends garden 😞 sadly she didn’t have a leg to stand on regarding it and had to get the blocked pipes removed and new pipes placed deeper down to drain 😞

Karen Caudill

9th April 2022

Answer

NQ Qualified bricklayer and building site manager.
Looking at the photo it is more likely to be weep holes rather than drainage. If the wall is constructed correctly weep holes are built in incase there is a build up of water or pressure behind the wall. It is good practice to put weep holes in. From my own experience of 40 years I have never seen any water come out of a weep hole.
When we have constructed such walls it often has the same effect causing concern from a neighbour.
I would have a word with the builder and ask him to explain this to you

Answer

Nq who's land is this new wall built on, if the original wall sat on your parents land I believe any wall erected buy the other party should be built on thier land and not on the original boundary line

Gregory Ervin

9th April 2022

Answer

NQ Phone the Local Authority Building Inspecter. Although he will not have any authority over this they might be able to explain about weep holes? At least it would be advice from a professional

Answer

NQ - Builder. Do not fear, unless they’re attached to a ‘French Drain’ or they have a patio built up to that level you’ll experience a negligible amount of water if any come through those holes, they’re pointless.
Highly unlikely they’re attached to a French drainage system, IF they are or there’s a patio of some sort then it’s not allowed.

Answer

/LLM in Commercial law/ Practical tip: Fence. There is not enough information on this post for me to give any legal pointers.

Answer

Post graduate housing practice - did the neighbours serve your parents with a party wall notice? Sounds like this would be classed as a party wall in which case notice should have been served before any work was undertaken. More info on Gov website here: https:// www.gov.uk/ party-walls-buil ding-works

Derek Garton

9th April 2022

1 upvote

https://
www.gov.uk/
party-walls-buil
ding-works

Answer

NQ what I would do if I was in this situation and couldn't afford to put a fence there, I would plant a row of fast growing Leylandi or some Laurel behind the wall. The drainage holes in the wall will water them and they will grow quicker 😉