Advice required with flooding from difficult neighbours.

[Jeff]

I have a small cottage in Normandy, which I visit about every 5 weeks. The rear wall of the cottage stands on the boundary line between us and the neighbours. The neighbour, a farmer, has an open slurry pit about 30 yards from the rear of the house. Our house is downhill from the farm. (Guess what is coming)

 

In February 06 the pit was allowed to overflow and covered my garden to a depth of about 6 cms with ****. On our arrival at the cottage the farmer emptied the pit and cleared the slurry channel from his barn to the pit. In May 06, I installed a wall and drainage to ensure the problem did not re-occur.(This simple redirected the flow)

 

Last week, end of September, we returned to the cottage and found the pit had overflowed a second time. Again the day of our arrival he emptied the pit and cleared the channel. This time the slurry entered the house and flooded the bathroom.

 

I have been told by the insurance company that the farmer must stop the flow of water to my land, but the Maire stated that if I required any drainage work to be done it is at my expense. The farmer has refused to permit me to complete any work to the rear of my house which is on his land.

 

Secondly I have been told that sometime next year the farmer is having a new barn (approx 10 metres behind me) and to accommodate it he is raising the level of his land by 1 metre directly behind my cottage.

 

Does anyone know if:

• There is anything I can do to make him stop the water?

• Regarding the raising of the land level, can I object?

• Can I make him install drainage?

• Who can I speak to for legal advice?

[Val_2]

First of all the farmer cannot stop you going onto his land behind your house to do important maintenance work even if he refuses permission,but its always better to be granted the OK. I would let the mairie know in writing that you have asked for this permission and been refused so they,if they get dragged into it, will have been forewarned. I would also visit the local DDE office who deal with all drainage and are the equivalent of the highways dept in the UK as well as giving permission for building work etc. Your neighbour is being a right so and so in my opinion and is taking the attitude from what you say, that you just another english secondhome owner and is not important whereas a permanent french resident would have been treated differently. I would also get the DDE to check into his Permit to build the new barn as he could be exceeding what is really permittable. Whatever happens, you should not be suffering inthis way and it must be brought to a head and stopped before it gets too out of hand and does structural damage to your property. Has anyone from the local council been out to see your place? Here, our three adjoints would go out and see what is going on if the maire is too busy.

[Jeff]

When we were there last week we were struggling for time as we arrived Friday morning and left Monday morning. I did contact the Maire, who came and had a look at the sludge inside the house. He was annoyed as last time he told the farmer not to allow the pit to overflow again. Unfortunately at the time the Mairie was closed, the Maire drove down in his own time, he did not stay more than a few seconds. I will put the problem in writting to him, and make some enquiries, as you suggest with the DDE, presumably the Mairie will be able to advise as to where the nearest office is. Thanks for the info.

[booboo]

Just thought, have you got a legal protection policy with your house insurance company, or your bank??? If so, they'll sort this out.

[Tony F Dordogne]

They may well have the resources to sort this problem out but a word of warning.  Our 'easy to resolve' problem being dealt with in this way is still dragging on 18 months after we were flooded.

The insureres may take the case but dont expect a quick result nor, in the case of flooding, expect to be covered.  There are all the usual little get out clauses when you come to claim.

[Catalpa]

[quote user="Jeff"]I will put the problem in writting to him, and make some enquiries, as you suggest with the DDE, presumably the Mairie will be able to advise as to where the nearest office is. [/quote]

Yes, your Mairie will be dealing with the DDE all the time. If you write to any officials, send the letters recommandé avec avis de réception which gives you a signed slip confirming receipt of letter... which you keep. This avoids any "never received your letter, mate" discussions later and provides a history of what you said to whom and when.

Did you take photos?

Edit:

I just noticed you're not in France. I'd suggest you still send any communications whatever registered / recorded postal service is available from (presumably) the UK.

[alnmike]

The signed-for postal service is 'Airsure'. But a word of warning -

when the French version  is used, on many occasions I haven't had

to sign in England for the item.

[Tony F Dordogne]

Just to reinforce what catalpa said ........

Photographs are essential, cannot proceed without them because wiothout them you have no evidence.  Take them of the mess, the tide marks up the wall, the outside of the house, in fact anywhere there is any sort of problem.  I would also suggest making a show of it so your neighbour sees what you are doing.

This isn't something that you can resolve by nipping over to France for a weekend - I would suggest that you spend a few week days here and concentrate on your claim when all the offices are open and you can button hole people to help you.

If you take this through legal insurance, expect to have to be here to meet experts, the previous owner and the neighbour because the insurance company will want to resolve this through a mediator rather than go to Court.

[Jeff]

Thanks to all for the advice.

I did take photographs which I have now forwarded to the Mairie and my Insurance Company. They show both occurances and the work done to try to resolve the problem. I have since spoken to my builder who also has before and after photos, has agreed to support me and by the way was with me when my neighbour refused access to his land.

Regards Jeff