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my Neighbors property is 1 mt above mine and he lets his land lay up my property wall
My Neighbor,s property is 1 mt above mine and he lets his land build up to the 1 mt height against my house thus causing damp
I informed him of this and told him that at my expense I would excavate a 1ft trench and build a retaining wall 1 mt high to aleviate the problem
His response is that I will be taking some of his land
In law can he cause a structural problem to a neighbors property and not be held responsible
Many thanks Dave G
I informed him of this and told him that at my expense I would excavate a 1ft trench and build a retaining wall 1 mt high to aleviate the problem
His response is that I will be taking some of his land
In law can he cause a structural problem to a neighbors property and not be held responsible
Many thanks Dave G
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If he's causing damage to your property which is causing you loss (property damage, cost of remedial work, impact on you being able to sell etc... ) you could threaten to take a civil action against him.
This could be a costly way of doing things though and you would have to weigh up the chance of success, potential outcome against cost and it would be wise to talk this through with a solicitor before making any firm decisions.
Try and agree between yourselves first though, maybe, if you see a solicitor who believes you have a good case and chance of success then you could approach him on that basis, explaining the current and potential damage to your property, impact on value, potential problem in selling etc... but offer to have it sorted between yourselves within a reasonable time frame.
Maybe that will encourage him to get things sorted and, if at possible, avoid a neighbourly dispute from escalating.
This could be a costly way of doing things though and you would have to weigh up the chance of success, potential outcome against cost and it would be wise to talk this through with a solicitor before making any firm decisions.
Try and agree between yourselves first though, maybe, if you see a solicitor who believes you have a good case and chance of success then you could approach him on that basis, explaining the current and potential damage to your property, impact on value, potential problem in selling etc... but offer to have it sorted between yourselves within a reasonable time frame.
Maybe that will encourage him to get things sorted and, if at possible, avoid a neighbourly dispute from escalating.
-- answer removed --
Thank you all for the answers
My bungaloe was built in 1921 his 2 story house 2001
the site next door was a field.The field was at the same level as my property, they had to build it higher to adhere building regs as we are near the sea
I am going dig the ground out down
to my concrete base and then build a retaining wall 1mt high 1ft from my property and see where it takes us
many thanks again
Dave G
My bungaloe was built in 1921 his 2 story house 2001
the site next door was a field.The field was at the same level as my property, they had to build it higher to adhere building regs as we are near the sea
I am going dig the ground out down
to my concrete base and then build a retaining wall 1mt high 1ft from my property and see where it takes us
many thanks again
Dave G
Dave - if you build a wall only 1 foot from yours you may well find the small gap gets filled up with rubbish over time & the damp problem will recur.
What weas suggests is probably the best answer. I've not heard of vandex, & ordinary sand/cement render could break down over time, but the principle of "tanking" the outside of the wall with a fully waterproof material is sound. It should come up high enough above the soil level to prevent rainwater splashing up on to the wall after the soil is replaced.
It would be best not to rely on a builder - you need a building surveyor to specify the right materials and procedure. Ideally, you need to dig out the soil & then leave the wall for some time to dry out before tanking it.
What weas suggests is probably the best answer. I've not heard of vandex, & ordinary sand/cement render could break down over time, but the principle of "tanking" the outside of the wall with a fully waterproof material is sound. It should come up high enough above the soil level to prevent rainwater splashing up on to the wall after the soil is replaced.
It would be best not to rely on a builder - you need a building surveyor to specify the right materials and procedure. Ideally, you need to dig out the soil & then leave the wall for some time to dry out before tanking it.
many thanks
the obvious problem is my neighbor is adamant that the land against my building is his property and I may not touch it
The question is can I legaly enforce my neighbor to stop his land harming my house.
Can I do the work myself and when done let him argue the point (probably when he is away) using the adage whats there then has to be argued about later.
many thanks for all your suggestions Dave
the obvious problem is my neighbor is adamant that the land against my building is his property and I may not touch it
The question is can I legaly enforce my neighbor to stop his land harming my house.
Can I do the work myself and when done let him argue the point (probably when he is away) using the adage whats there then has to be argued about later.
many thanks for all your suggestions Dave
1. Is it a fact that your wall is actually the boundary - in other words have you checked this on the title deeds? If it is not, then you may have the right to go on the land anyway.
2. If it is, then there is a possibility that the Party Wall Act may apply. Google this for info. as it can give you rights to go on your neighbour's property.
3. It is certainly totally unreasonable of the neighbour to refuse to do anything to help, but there could well be an argument that the developer of his house should have dealt with the problem when he raised the land level. You could discuss this with the Local Authority Building Regs. people, because arguably they should never have approved the arrangement without ensuring your house was protected. You might even have a claim against them for maladministration, or a claim against the builder but would need a surveyor's help with this.
4. I would not go on your neighbour's land & do anything. You would be trespassing and if you built a wall it would be on his land & you would very likely be forced to pay to have it removed again.
5. The only other possibility I can think of is to consult a solicitor who may be able to suggest means of "persuading" your neighbour to co-operate.
2. If it is, then there is a possibility that the Party Wall Act may apply. Google this for info. as it can give you rights to go on your neighbour's property.
3. It is certainly totally unreasonable of the neighbour to refuse to do anything to help, but there could well be an argument that the developer of his house should have dealt with the problem when he raised the land level. You could discuss this with the Local Authority Building Regs. people, because arguably they should never have approved the arrangement without ensuring your house was protected. You might even have a claim against them for maladministration, or a claim against the builder but would need a surveyor's help with this.
4. I would not go on your neighbour's land & do anything. You would be trespassing and if you built a wall it would be on his land & you would very likely be forced to pay to have it removed again.
5. The only other possibility I can think of is to consult a solicitor who may be able to suggest means of "persuading" your neighbour to co-operate.
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