My situation is that I have a neighbor whom we share /separated by a public road.

    Is it in order that my neighbor has dug a drainage trench for runoff water on my boundary side.

    Recently I acquired  the services of a Quantity surveyor to determine the boundaries to which the drainage trench fell not on the boundary but inside my property. I demanded that he fills back the trench but he disagreed with the findings  and has continued digging. 

    How do I solve this legally and is he justified to dig that trench on my side of the boundary( considering that we are separated by a public road.

    Thank You.

    Kind regards Franklin.

    1 Answers May 2, 2023 12 months ago
    Hello, I'm sorry to hear about your situation with your neighbor. Based on the information you have shared, you may have a case of trespassing or nuisance against your neighbor. Trespassing means entering onto land without the consent of the landowner, while nuisance means interfering with the use or enjoyment of property. You may be able to sue your neighbor for damages or an injunction to stop him from digging the trench. However, before taking legal action, you may want to try some alternative ways to resolve the dispute, such as: - Talking to your neighbor calmly and politely and explaining your concerns and evidence. - Sending a written notice to your neighbor asking him to stop digging the trench and restore your property to its original condition. - Contacting a mediator or a lawyer to help you negotiate with your neighbor and reach a mutually acceptable agreement. I hope this helps you find a solution for your problem.
    0 Vote 0 Vote May 2, 2023 12 months ago View Comments