PROPERTY LAW

ALL DOWNHILL

MY neighbour has laid a patio so that it slopes towards our property, with the result that all the water runs into our garden and forms a large puddle outside our gate. Could he be made to alter this? It may be possible to get a court order forcing your neighbour to alter the patio to prevent the water draining onto your property, but it would be far from clear-cut. However, you should certainly discuss the problem with your neighbour and see if he is prepared to do anything about it. If not, then you should check to see whether your home insurance covers the legal costs involved or whether the most simple solution is for you to fit a drain where the water ponds.

SMOKE RISING

I LIVE on the first floor of a council flat. The man in the flat below me (his family own the flat) is a heavy smoker and uses cannabis, and the smoke reaches me every time he and his friends light up. The council and the police say there is nothing they can do. However, since smoking is now banned in pubs and vehicles, I wonder if this is true? There is nothing that you can do about your neighbour and his visitors’ smoking. It is part and parcel of having to live in close proximity to others. Smoking cannabis of course is illegal. However if the police are not prepared to take action then unless there is a clause in your neighbour’s tenancy agreement preventing them smoking (and that is unlikely) there is nothing you can do other than apply to be relocated by the council.

FLATTENED FENCE

THE house next door is rented out. During high winds the roof of a garage three doors away was blown off, demolishing the fence between our house and next door. I’ve spoken to the landlord about it several times but he won’t repair it. The answer may depend on who owns the fence between your house and your neighbour’s, or who is responsible for its maintenance. That is likely to be determined by the deeds. In any event, your home insurance may cover this, and that may be the easiest way to have the matter resolved. Likewise, the landlord’s insurance may cover it. If it is a joint fence, then you may have a claim against the garage owner for compensation. You will not know who is responsible for maintaining the fence between your neighbouring tenant or neighbouring landlord: that will depend on their agreement. I would ask the tenant next door to see if his lease identifies who is responsible. After that, seek legal advice.

GOING NEXT DOOR

MY hedge has grown through a metal link fence into my neighbour’s garden. The last time I cut the top of the hedge my neighbour threw the cuttings back over. Am I responsible for picking up these cuttings and should I leave the top of the hedge on her side in future? Your neighbour is actually following the letter of the law in returning the cuttings from your hedge, because they belong to you! In theory you should not allow your hedge to intrude into your neighbour’s garden. If you do it would be polite to cut it back and remove the evidence as long as your neighbour doesn’t object to you going into her garden. It’s not something you should fall out about. »»Call Bromleys Solicitors LLP on 0161 330 6821 or visit www.bromleys. co.uk »»If you have any legal questions, write to Property Law, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email mail@lawQs.co.uk