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I live in a property which I purchased under mortgage a year ago, the property has a shared party wall - In August I noticed water ingress appearing from under the shared party wall.
My building insurance company has undertaken all those tests and inspections and determined that the water ingress does not emanate from anything on my side of the property.
I have approached my neighbour who I invited to see that water ingress and he reciprocated by lifting up the floor boards and I observed both rotten wood and a larger water ingress on his side of the party wall - therein he said that he wont be informing his builders insurance but did agree to requesting three free damp surveys, of which he has completed one.
He refuses to share that report with me or provide photos and therein my dilemma, and the dilemma more generally in land law.
Firstly that as almost i am certain that the water is emanating from my neighbours property, if it is not coming from mine - I cannot legally come to that view and even so the oddity of the law is that there is no requirement if there is damage to his side of the shared wall for him to repair that damage.
Thus where does this leave me - as I see it I can apply for Access Order from the County Court (Form N208) citing the Neighbouring Lands Act 1992 as a means to access my neighbours property to try to ascertain if possible where that water ingress on both our properties is emanating from, or
I could raise the stakes and go for the jugular and apply for an Injunction, citing Redland Bricks case.
I can articulate my cases - however have I misunderstood what my options are, any assistance as to further steps or what steps I shoudl not take would be appreciated.
My building insurance company has undertaken all those tests and inspections and determined that the water ingress does not emanate from anything on my side of the property.
I have approached my neighbour who I invited to see that water ingress and he reciprocated by lifting up the floor boards and I observed both rotten wood and a larger water ingress on his side of the party wall - therein he said that he wont be informing his builders insurance but did agree to requesting three free damp surveys, of which he has completed one.
He refuses to share that report with me or provide photos and therein my dilemma, and the dilemma more generally in land law.
Firstly that as almost i am certain that the water is emanating from my neighbours property, if it is not coming from mine - I cannot legally come to that view and even so the oddity of the law is that there is no requirement if there is damage to his side of the shared wall for him to repair that damage.
Thus where does this leave me - as I see it I can apply for Access Order from the County Court (Form N208) citing the Neighbouring Lands Act 1992 as a means to access my neighbours property to try to ascertain if possible where that water ingress on both our properties is emanating from, or
I could raise the stakes and go for the jugular and apply for an Injunction, citing Redland Bricks case.
I can articulate my cases - however have I misunderstood what my options are, any assistance as to further steps or what steps I shoudl not take would be appreciated.
