Water under floor

A question about : Water under floor

I live in a semi-detached bungalow built in 1959/60. The local area has a very high water table. A few days ago my neighbours in the adjoining bungalow complained that water from my property was leaking from under my floor onto their sub floor.

They say that they had to rip up two carpets (living room & main bedroom) because they were damp. I have seen the water under their bedroom floor & it is about 0.5 to 1.00 inches in depth & is lying in a 6 inch wide strip along the party wall. Apparently it is the same under the front room.

I have been under my main bedroom floor & there is no water present. There is dry sand lodged on some of the bricks at sub floor level. There is about 0.25 to 0.5 inches of water under my living room adjacent to the party wall.

My bungalow was built with a drain from the sub floor to remove any water. I am going to check to see if it is blocked. If it is I will clear the blockage so the drain works as the builders intended.

My neighbours have handed me a letter which has been written by one of them using legal terminology supplied by there grand daughter who is a solicitor. The letter states that ''water damage has been occaissoned to our property'' & that this constitutes a ''civil nuisance''.

I realise that I am legally responsible for any water leaking from tanks & pipes etc but am I responsible for water which 1) rises up from the water table? 2) seeps onto the sub floor from beneath the garden?

This afternoon my neighbour (the husband) suggested I should dig down under my apparently dry bedroom sub floor to see if I can find water. I think that is rather ridiculous.

What are my liabilities? I wish to settle the problem amicably but I will not be bullied by my neighbours. Any thoughts, please?

Best answers:

• Deed check time. You will probably find that the deeds provide for a "right of drainage" over land owned by your immediate neighbour downhill from you. Most properties in your situation do. Mine does - and I have to put up with next doors (the other way) surface water flooding my garden every year and also ending up under my house. Its quite commonplace.
  If that is the case and you are certain that its a surface water issue rather than a leak from your system(s) then you will be within your rights to write back to them and tell them, ever so diplomatically of course, to swivel. Thats what they carry insurance for.
  Just because the neighbour's granddaughter is a solicitor that doesn't mean she is a solicitor that specialises in this area of law. Don't be frightened by that. It might be sensible to consult the solicitor who did the conveyance for you when you purchased before doing anything though just to make sure yu are on firm (sorry) ground.
  Interesting that the builders did provide a drain and it has to be presumed in the light of a high water table that other properties built at the same time have the same. If that drain is blocked downstream of you and is backed up to you then it is hardly your fault either.
  Cheers
• That was useful and really helpful to the writer I reckon. We have a high water table but direct neighbours cannot be affected because our properties slope downwards. We still have wells in our gardens which helps..just only a little bit peeved other direct neighbours have in the past filled theirs in because it is obvious we get more water than most.. rainy days it is always gushing out of our driveway downwards across the Lane... and now a small new development completely opposite our driveway gets the lot. It was built on deep concrete pillars because of the wetland nature of the lower ground...you cant really do much to stop that anymore than the writer can. Dianne
• Keystone, thanks for your informative post. I must admit that I have never heard of a ''right of drainage'' before now. Being semi-detached our bungalows are built on the same level. Taking our road as a whole, then I live on the downside. I have lived here for 22 years & my neighbours for about 10 -11 years. They knew about the high water table & it's consequences before they moved here because we had a mutual friend who told them about it.
  The deeds to my house are with the building society many miles from here. The solicitor who did my conveyancing will be long since retired, though the company is still in existence. I do have the legal advice add on to my home insurance but if I phone them they will immediately notify my insurers of the situation. If the situation was to escalate then I have 180 days (from the date of my neighbours letter) to notify my insurers of any potential legal action being taken against me.
  My neighbours bungalow was not built with a sub floor drain but apparently it has one now. I am going to check my drain tomorrow & take any necessary action. I will try to stop water leaking from under my living into there property but the water table is beyond anybody's control.
• I would check that there is no mains water leak under your property that might cause this. We had this a few years ago and it created a right mess but only affected our property...but on talking to people in the village this has been quite a common occurance (old wimpey homes built in 70's)