water in cellar (neighbour problem)

[marsaday]

Re: water in cellar (neighbour problem)

i will hand the file over to the police tomorrow because i cannot wait for the solicitors authority to contact me.

this will then end the matter with the file, but the potential claim is still ongoing

[marsaday]

Re: water in cellar (neighbour problem)

my solicitor got back to me today and i will have to prove the water is coming from his cellar.

i just dont think i can do that so it is a no go for this one.

anyone else got any ideas. anyone know of a specialist in this sort of thing.

[Celestine]

Re: water in cellar (neighbour problem)

Anyone know a cheap surveyor?

An independent surveyor's report is probably the only way of clarifying liability in this matter.

The fact that the problem is being created by ground water and not an attributable fault such as a cracked drain is problematic.

Because this is a naturally occurring phenomena, it should be thought of as similar to flooding.

Each property owner in the terrace will be aware of this problem and will be solely liable for resolving their own individual problems. It would be incredibly complex to prove that a neighbours attempts to solve their own damp have in fact just passed the problem on. In fact, the water could be coming up from underneath your own property, hitting your tanking layer and rising into his cellar as an alternative route.
It is highly complex to prove conclusively who is liable because your work could even have contributed to his issues and vice versa. Water HAS to go somewhere.....

The position of his sump could be investigated but I doubt that this would be something you could seriously challenge without a surveyors report to back you up.

Just my opinion but I think you are right to start thinking things might not be as straight forward as you had hoped.

Personally I'd tank the blighter up to 6' in height on all affected walls, I've now lived in 3 damp homes and I have depressing familiarity with this subject.

Good luck