Neighbours shed causing damage

[ss581]

Grateful for any help!

We moved into our house a year ago and the survey picked up that some damp coming through a wall was from where the flat roof above was leaking. We had this replaced and no more leaks.

...Until the terrible rain about 3 weeks ago and it started leaking again. We had the builder who did the roof come back, and he showed us the roof was fine (we believe him). We all then looked at the exterior of the wall where the leak is, which is actually one of the walls of my neighbours garden. There is a shed very close to the wall, where it is obvious that rain is washing off the roof and splashing onto the wall. The wall exteriorly is in bad shape and hasn't been maintained for many years.

The builder wants to render the wall but the shed has to be moved. To prevent further damage the shed also needs to be moved further from the wall.

Who is liable to pay for - the repairs to the wall and moving the shed? We want to get it moved further away as it is causing damage to the wall.
Can I ask the surveyor for any help with costs as they didn't pick this up?

Thanks in advance for any help!

[des8]

Re: Neighbours shed causing damage

Hi and welcome to LegalBEAGLES

I think you'll find a fairly detailed analysis of your problem and possible solutions here:
http://www.justanswer.com/uk-law/558lf-damage-cottage-due-neighbours-shed.html

Have a read, others will probably be along soon with their penno'worth

[wales01man]

Re: Neighbours shed causing damage

Does the shed have a gutter on it?
How big is the shed?
how is it constructed?
how far away from the wall is it?
Is it on your land?

[PlanB]

Re: Neighbours shed causing damage

We moved into our house a year ago and the survey picked up that some damp coming through a wall was from where the flat roof above was leaking. We had this replaced and no more leaks.

. . . Can I ask the surveyor for any help with costs as they didn't pick this up?

First things first

Tell us the reason for the survey. Was it at mortgage survey on behalf of your lender? Have you got a copy of the survey? Did you pay the surveyor direct or (more likely) did you pay the lender direct for the survey as art of your mortgage application? A lender's survey may not give you any comeback against the surveyor since the surveyor didn't have a contract directly with you if it was commissioned by your lender to simply asses whether the loan the lender was proposing to lend against your asset was appropriate

[ss581]

Re: Neighbours shed causing damage

Does the shed have a gutter on it?
How big is the shed?
how is it constructed?
how far away from the wall is it?
Is it on your land?

No gutter
Its about 8 foot diameter
Its on a brick work raised foundation
Its about 6 inches from our boundary wall i.e. our exterior wall of our house
Its not on our land

[ss581]

Re: Neighbours shed causing damage

First things first

Tell us the reason for the survey. Was it at mortgage survey on behalf of your lender? Have you got a copy of the survey? Did you pay the surveyor direct or (more likely) did you pay the lender direct for the survey as art of your mortgage application? A lender's survey may not give you any comeback against the surveyor since the surveyor didn't have a contract directly with you if it was commissioned by your lender to simply asses whether the loan the lender was proposing to lend against your asset was appropriate

It was a mortgage survey but I instructed a full structural survey directly and paid for it directly.

[ss581]

Re: Neighbours shed causing damage

Hi and welcome to LegalBEAGLES

I think you'll find a fairly detailed analysis of your problem and possible solutions here:
http://www.justanswer.com/uk-law/558lf-damage-cottage-due-neighbours-shed.html

Have a read, others will probably be along soon with their penno'worth

Thank I have read this, but I don't see why I should have to pay the full cost of moving their shed, as the current location is the cause of the damage to the wall.

Also wanted to check if I could ask the surveyor for any financial input.

[wales01man]

Re: Neighbours shed causing damage

Think you may have to pay for removal yourself cannot see that the neighbour will.
As garden sheds don't have to have gutters fitted rain splashing of it would be the same as rain splashing the wall after hitting a path or driveway .
Have you asked the neighbour to move the shed so you can repair the wall? maybe you could both take it down and reposition it after the repair this could well turn nasty if you and neighbour fall out over this

[ss581]

Re: Neighbours shed causing damage

Think you may have to pay for removal yourself cannot see that the neighbour will.
As garden sheds don't have to have gutters fitted rain splashing of it would be the same as rain splashing the wall after hitting a path or driveway .
Have you asked the neighbour to move the shed so you can repair the wall? maybe you could both take it down and reposition it after the repair this could well turn nasty if you and neighbour fall out over this

I know... thats why I want to find out legal position first:tinysmile_cry_t:

He's happy for us to move it but as long as its put back! But whos paying not been discussed yet....

[TUTTSI]

Re: Neighbours shed causing damage

When we had had our new shed erected in the summer, the builders said it had to be a foot away from the fence. 6" sounds far to close.

Your household insurance should have a legal helpline and possibly speaking to them they will advise what your legal rights are.

Have you tried talking to your neighbour?

We recently had our neighbour complain on the other side that shrubbery from our garden was doing damage to their shed. After a call to our insurers they said just to cut back the shrubbery as this was not a valid claim. As soon as we became aware of this we immediately dealt with the situation and the neighbour so far has not said any more.

[wales01man]

Re: Neighbours shed causing damage

If you want it moved and he is OK with that who do you expect to pay it? highly unlikely the surveyor would be liable maybe you should consult a solicitor did the surveyor go into the neighbours garden?

[wales01man]

Re: Neighbours shed causing damage

Tuttsi
Think there are no rules on siting of a shed an extension can be built close to a boundary as long as no foundation or roof overhang including facis and gutters are within the property boundary iknow ours was 3 iches from the boundary

[des8]

Re: Neighbours shed causing damage

So your neighbour has a shed 6" from your (?) wall, which is in poor state of repair and is allowing damp penetration.
You paid for a "full" structural survey which suggested damp penetration was due to flat roof deterioration which was fixed.
You believe he missed the deterioration of the wall and possible problems that could be caused by a neighbours shed in the event of (unusual ?) torrential rain.
Are there caveats in the surveyor report saying eg it only covers those parts where the surveyor had access?
Did the surveyor have access to the wall from your neighbour's property?
It would be an unusual report if it doesn't contain "get outs" for the surveyor.
However the surveyor has a duty of care to exercise his professional skills, and any disclaimers may fall foul of The Unfair Contract Terms 1977.

However, if the surveyor doesn't play ball, you will probably have a stressful, if not expensive, time if you choose to sue.
By all means ask him, but I think your best approach is to seek amicable solution with your neighbour as already suggested.

[ss581]

Re: Neighbours shed causing damage

If you want it moved and he is OK with that who do you expect to pay it? highly unlikely the surveyor would be liable maybe you should consult a solicitor did the surveyor go into the neighbours garden?

My point is that they should not have erected their shed so close to our wall. The water coming off their shed roof is damaging our wall and leaking into our house. Ie the water diverted is causing a 'nuisance'.

I don't think the surveyor went into their garden but our builder spotted it from our flat roof.

[wales01man]

Re: Neighbours shed causing damage

When was the shed erected?