drainage system effecting land of neighbour

Hi

Thank you for your question

You can file a civil suit of 'TORT' under Strict Liability.

Q. What is Tort?

Ans. Tort has been taken from the Latin word "tortum" meaning thereby 'twisted' or 'crooked'. A tort is a civil wrong  as opposed to public wrong. A civil wrong also known as private wrong that is wrong against an individual.  In Tort compensation has been awarded.

Strict liability falls under the 'No Fault Liability'; there are three instance where strict liabilty judged are:-

1. Person bring the dangerous thing into his/her premises, Here 'dangerous thing' is not defined so, According to your question it is drainage water.

2. That dangerous thing has to escape.

3  After escaping cause damage to other.

So according to your case, Drainage water has caused your premises.

There is a very famous case 'Reyland Vs. Fletcher:- Where plaintiff has a coal mine whereas defendant buit a reservoir in a open condition, One day water overflown fromthe defendant premises and entered the Plaintiff premises and cause damage the coal mines of the Plaintiff.

Court decided defendant at the fault and need to compensate the palintiff.

Hope this will help you

Best regards,

Akshay Gupta

agree with expert akshay,