If your neighbours actions cause your business to be disadvantaged as in the following case of a funeral directors whose business was flooded several times in the previous six years, due to water diversion on their neighbour’s land next door, you may be entitled to compensation.
They believed that building work by their neighbours to re-route the water course that went over their land may have caused the flooding. This was refuted by the neighbours who claimed that there was no alteration in the level of flooding.
During 2009 and 2015 the business owners noted that flooding and excess water had increased significantly.
The business owners had commissioned an expert engineer to explain the technicalities of the flooding which the judge gave great credibility too. In 2015 the flooding was much less due to the re-routing being reversed. There was an acknowledgement that flooding in 2016 was created by extensive rainfall which was unusually high.
The neighbours appealed the decision in the High Court and were unsuccessful as the court could not argue the facts of the case any differently. Along with the funeral business and another business who was their tenant making memorial stones they were awarded compensation which is currently being worked out.
If you are affected by flooding caused by the actions of someone else or wilful negligence by another party and would like more information then please contact us by telephone at our Corby office on 01536 276300 or call our Kettering office on 01536 311690 or simply get in touch online by clicking here.