Property Clinic: I found that the drainage channel is open under my hedging
"For a variety of historic reasons, there is no point in my talking to my neighbour about this." Photograph: iStockMy neighbour has tiled his backyard and inserted a central drainage channel. I assume that the tiling is cambered to facilitate drainage, we were not present when this work was completed. On tidying under my garden hedging, I found that the drainage channel is open at my end under my hedging so that water drains into my garden.
If you propose to sell your house in the future, the purchaser’s surveyor would be likely to report on the drainage arrangement and its possible adverse implications. This may result in the purchaser’s solicitor raising a query about the length of time the drainage has been in place and if an easement that benefits your neighbour is likely to be created. Any arrangement between properties, in which the use of one property is facilitated by another property is known as an easement.
Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland. Photograph: Andres Poveda You should also consult your local authority planning department. The paving over of backyards is generally exempt from planning permission within certain limitations. These limitations relate to changes including proposed heights relative to adjoining properties and to sustainable drainage practices.
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