water in cellar (neighbour problem)

[marsaday]

I have a terrace i rent out and it has a kitchen in the cellar. all has been well for many years - nice and dry. however the neighbours cellar is holding water (not converted) and the water is passing through the dividing wall into my house. they have had water in their cellar and if you look down the cellar light well it is just a pool of water (a bloody well in fact)

their drain is blocked it seems.

Does anyone know where i go from here legally. i know the cost of excavation will be very high to get down to the damaged pipe.

i am happy to work with the owner (he rents his out as well) but i havent spoken to him yet. i dont know if he will be willing to cooperate. if not what legal powers do i have to make him do the work. are there any.

i have spoken to environmental health and they will come out next week.

[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

[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.

[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)

update:

i am still waiting for my solicitor to tell me if we have a reasonable case to take this guy on. however, i told the guy last weekend i had a file of his and he wasnt happy.

today i have a letter asking what i have, where it is and to give it back. he gives me until next sat to do this. i am waiting for the law society to contact me as no info has come forward from them and i emailed them early this week.

am i in trouble? i am speaking with the police at the moment trying to find out the details of my call with them 2 weeks ago when i informed them of the info in the skip.

Re: water in cellar (neighbour problem)

...this is what the builder reckons.

This would be the builder hired by the owner of the house where all the water is coming from?

Re-read post #29 and stop being such a defeatist.

[marsaday]

Re: water in cellar (neighbour problem)

i spoke to the builder today and he showed me the neighbours cellar. the sump and pump he has placed in the cellar was not working and so this is why it was flooding my cellar. he sorted it straight away.

however, i really think i have no leg to stand on regarding getting compensation. the reason is this. The water coming into my neighbours property is land water and affects all the houses. if he had done nothing to stop his cellar getting wet, my cellar would be getting wet. Because he has taken action to fix this problem does NOT mean he is liable for water coming into my property if, for example, his pump broke down.

this is what the builder reckons.

i will speak to my solicitor to see if this take on things is correct. If anyone can post up why my neighbour is at fault i would still like to hear it.
------------------------------- merged -------------------------------
I need to fit a sump and pump to my property now and i should have done this last yr when we first had this problem. i thought at the time the works carried out had been enough, but i was wrong.

[Tools]

Re: water in cellar (neighbour problem)

msl: 'onest officer

[marsaday]

Re: water in cellar (neighbour problem)

ok thanks. what if i found it on the floor by the skip?

[Mochamoo]

Re: water in cellar (neighbour problem)

I just spoke to my cousin, who is a solicitor, she said you need to report it to the law society dumping files in a skip is definitely not the correct way of dealing with confidential waste. +442072421222

She also said you need to be careful as you did not get permission from the skip owner before removing items from the skip you can technically be done for theft!

[Happyolddog]

Re: water in cellar (neighbour problem)

I doubt very much that he would laugh at you, in the least he has breached client-solicitor privacy laws and would therefore face a fine from his governing body and dependending on the nature of the files he could lose his job. The files should be handed over to the police and get them to do their investigations.

[marsaday]

Re: water in cellar (neighbour problem)

i did speak with the police last friday night and mentioned the skip. they said they would go and have a look. i havent heard anymore about this.

i still have the file full of individual stories with addresses and phone numbers - wife beating, fighting, car crime. it all in there. all from the yr 2000.

i will use this as a bargaining tool if he isnt cooperative.

What actual trouble would this solicitor be in if i told the relevant body. is he going to suffer career problems? he may just laugh at me if i choose to use this info.

[Happyolddog]

Re: water in cellar (neighbour problem)

Even if you do not mention the folder to him you have to tell the ICO and I personally would have called the cops when I first saw it. It is irresponsible to be leaving all that out in the open, he has a duty to his clients not disclose their private information to anyone and by having it dumped in a skip has betrayed that trust.

I'm with Mochamoo on this one, it is vital that you contact the police before the skip is removed.

[Mochamoo]

Re: water in cellar (neighbour problem)

i havent mentioned the folder by the way yet. i really want this sorted on goodish terms.

Even if you do not mention the folder to him you have to tell the ICO and I personally would have called the cops when I first saw it. It is irresponsible to be leaving all that out in the open, he has a duty to his clients not disclose their private information to anyone and by having it dumped in a skip has betrayed that trust.

[Mochamoo]

Re: water in cellar (neighbour problem)

Get a builder (of your own) to go look at the neighbours cellar and to look at your cellar. You don't want him to have paid off this builder to say it was your work that caused it and to then put a claim in against you (yes I am suspicious of everyone lol)

Take piccies of his cellar if you can.