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Water from a neighbour's roof


Padzy
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Can someone please advise what regulations are in force about draining water away? Our neighbour's property (in rural Dordogne) has recently been renovated and water drains from their roofs onto our land below from a combination of down pipes and gutters. There are no proper soakaways and they seem reluctant to let the water go to ground within their own "terrain".

We have also heard  - from other neighbours - that they are not averse to emptying their swimming pool into our field from time to time in our absence.

Are they within their rights to do this? We are feeling a little like a dumping ground...

Thanks a lot for any advice, Padzy.

 

 

 

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Eek, nightmare, don't you just hate neighbours !

So, want exactly is the problem for you ?  Just don't like the idea of being someone's waste sink or is this causiing your ground to be flooded ? 

Why not install a 1m3 storage tank on the drain and save the water for the garden in the summer ?  The neighbour will soon be chopping you off and storing the water for their own use if we get a dry summer.  Are you sure that the land its drains onto is yours and not theirs ?  Boundaries along  property walls are not always obvious. 

Re the field and swimming pool, why object, surely its good for the field ?  But, I guess the real reason is that its done without agreement and I also guess this is another one of the those holiday homes ?  As I've said before, if you don't live in the house full time, you are in a very weak position to start complaining.  One thing's for sure, you need to talk with your neighbour and not folks on the Forum !

You could dig a moat and start a war [:D]
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[quote user="pcwhizz"]Eek, nightmare, don't you just hate neighbours !


Re the field and swimming pool, why object, surely its good for the field ?  But, I guess the real reason is that its done without agreement and I also guess this is another one of the those holiday homes ?  As I've said before, if you don't live in the house full time, you are in a very weak position to start complaining.  One thing's for sure, you need to talk with your neighbour and not folks on the Forum !

[/quote]

Not sure how a swimming pool full of chlorinated or salted water could ever be deemed good for the field, isn't it illegal any way to empty a pool without it passing through some  kind of filtering system?

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If the water was draining away naturally from their land onto yours (eaux de ruissellement), there would be nothing you could do about it.

However, it would appear that they have directed their gutters to drain away onto your property, which clearly goes against article 681 of the French Code Civil:

"Tout propriétaire doit établir des toits de

maniere que les eaux pluviales s'écoulent sur son térrain ou sur la

voie publique; il ne peut les faire verser sur le fonds de son voisin"

The same applies to their pool water.

How you wish to tackle this is up to you, but now you know what the legal position is (as per your description of the problem)

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[quote user="Padzy"]

Can someone please advise what regulations are in force about draining water away? Our neighbour's property (in rural Dordogne) has recently been renovated and water drains from their roofs onto our land below from a combination of down pipes and gutters. There are no proper soakaways and they seem reluctant to let the water go to ground within their own "terrain".

We have also heard  - from other neighbours - that they are not averse to emptying their swimming pool into our field from time to time in our absence.

Are they within their rights to do this? We are feeling a little like a dumping ground...

Thanks a lot for any advice, Padzy.

Go and report it to your town hall, they will look into it for you. and its free.

 

 

 

[/quote]
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You have put your finger on one of my concerns, Panda. My wife and I are organic gardeners who are trying to encourage wild flowers and wildlife into our field. Chlorine and/or salt are unwelcome to say the least! Padzy.
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Thanks for the speedy reply. I have to say it was not deperately helpful, however.

I fully intend to speak to the relevent neighbours. Their's is "..one of those holiday homes" just as our is, and I think I have a perfect right to object if they use our land as a dumping ground. The objections are: pollution (from the swimming pool), flooding/soil erosion from the rainwater, and lack of consultation. The boundaries are clearly-defined and not an issue, by the way. 

Fortunately we get on well with the neighbours concerned, who I'm sure have inadvertently caused our concerns, so I hope very much to reach an amicable resolution, now that I am beter informed (by the other replies). Padzy.

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