I live on a mountainside urbanisation. A house has been built directly behind mine and is situated above. Each time there is a gota fria or torrential downpour, water from my neighbours land (including overflow from pool) cascades down and floods my underbuilds. Has my neighbour any legal obligation to stop this from happenning by diverting the water or is this something that I will have to put up with if I cannot appeal to his better nature. Am I likely to succeed with a claim against his insurance policy for damage resulting from the flooding.

In the event that the water affects your structural property you may be able to claim, or most likely your insurer may try to recover losses, from the party located behind you. I’d suggest that you get on the front foot with this, though, and contact the owner to sort something out before any damage occurs. Prevention is better than cure, as they say!