In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor James Denton...

Flooding in my garden caused by developers has cost me thousands. Can I get compensation?

Q: My lawns and flower beds have literally been under water for two months and I believe it is due to a housing development behind my property. During construction the developers have piled up earth at least 4m high behind my garden fence, presumably to be ultimately spread around the site. Meanwhile, it has seeped downhill into my garden. My neighbours' gardens that do not have mounds of earth behind them are not flooded.

The excess water has rotted hundreds of pounds worth of bulbs and other plants and attracted an infestation of leather jackets that have eaten the grass roots and left me with a large bare lawn that I have just had to have re-laid at vast expense. The developers say I cannot prove they are to blame. Do I have any chance of claiming compensation?

A: If the cause of the flooding can be linked back to the construction site and shown to stem from 'non-natural' or artificial land uses, then it may be possible for you to bring a claim. Hopefully you have taken dated photographs, of both the mound of earth and the flooding in your garden? If you have, then this is a good starting place to ascertain your chances of a successful claim and you should make an appointment to see a solicitor who can consider all the evidence and advise you further.

If you have a potentially viable case, as well as helping you to compile the evidence your solicitor can contact the developer on your behalf with a view to achieving an early out-of-court settlement. If necessary, your solicitor can also facilitate the appointment of an independent specialist flooding expert and, if all else fails, issue court proceedings to get you compensation. If the mound of earth is not moved, your solicitor could apply for an injunction to prevent further damage to your property.

This question has been answered by James Denton, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.