Neighbour claims our shed is causing damp to his garage built on boundary wall

[Peta]

Hi Everyone, I am a newbie, so hope I have posted this in the right place. Our neighbour has a garage built along the boundary of our garden. The garage was built at the same time as the houses in 1986. We moved into our house in 2004, and there was a concrete platform with a rotting shed on it finishing about 9” from part of his garage wall.

We replaced the shed in 2010 with a brand new one with electric supply sockets inside and outside.


A few weeks ago our neighbour approached and said that he had a damp patch in his garage, which he blamed on water running off the roof of our shed onto his wall. He asked us to put a gutter up along the side of the shed facing his wall. I went out to look at what was happening when we had really heavy rain, and the rain was falling between the shed and his garage, not running down the wall. He does have a gutter running along the side of his garage wall, which my husband clears every so often as it gets blocked with moss from his roof, which also makes a mess of our patio in front of the shed.


Our neighbour then approached us and asked to have a builder come into our garden and look at the problem, which we agreed to. The builder came, I explained to him that the rain did not run down the wall and he went, and we heard no more. Then our neighbour was back some weeks later again going on about fitting the gutter. He said the builder had commented that the garage damp proof course had been built below the level of the soil on our side, which would have made more sense as to the cause of the damp. I was out, so my husband said he would have to discuss it with me.

Our neighbour came back again today and asked if we had discussed it. My husband said yes, but we had been out to look, the wall was not getting wet, and that the low damp proof course seemed to be a more likely cause of the problem. My husband suggested we should read the builder’s report, but our neighbour then said there was no written report. He became threatening at the point, saying he would have to consider legal action. My husband reacts really badly to stress and was in quite a state when I got home.

My question would be, what legal action could he possibly take, and how should we protect ourselves?

[Ripped-Off]

Re: Neighbour claims our shed is causing damp to his garage built on boundary wall

A few weeks ago our neighbour approached and said that he had a damp patch in his garage, which he blamed on water running off the roof of our shed onto his wall.

If true, this sounds like Rylands v Fletcher liability but I am not completely convinced it applies. It may just simply fall under the tort of private nuisance. In any event, claims for water damage may be covered by your home insurance policy.

He said the builder had commented that the garage damp proof course had been built below the level of the soil on our side,

I don't quite follow...how is this your problem? His garage, his damp proof course. Am I missing something? Have you raised the land on your side so that it is higher than his DPC?

My question would be, what legal action could he possibly take, and how should we protect ourselves?

If your surface water is draining onto his land then you could be liable in the tort of private nuisance. Check your insurance policy, ask your neighbour to check his and see if either insurance company can help.

[Peta]

Re: Neighbour claims our shed is causing damp to his garage built on boundary wall

Thank you so much for your quick response.

I don't quite follow...how is this your problem? His garage, his damp proof course. Am I missing something? Have you raised the land on your side so that it is higher than his DPC? [/QUOTE]

No, the land was always higher on our side, since the houses were built in 1986. It seems plain to me that the cause of his damp wall is the faulty damp proof course that his builder found. If it was put in too low, that is not our problem, but seems strange that he has only just found damp there after 30 years. Similarly there has been a shed close to his wall for at least 16 years. I have seen the water draining off our roof in heavy rain, it doesn't touch his wall. But once he gets a set idea in his head, nothing will shift it, other neighbours have faced similar unreasonable intransigence over other issues. My concern is that if he is foolish enough to start legal proceedings we shall be in for expense we cannot afford, but I will investigate our house insurance, thank you for suggesting that.

If your surface water is draining onto his land then you could be liable in the tort of private nuisance. Check your insurance policy, ask your neighbour to check his and see if either insurance company can help.[/QUOTE]

I cannot see that surface water is draining onto his land, he is only concerned about rain fall off from one side of our shed hitting his wall (which it doesn't). My concern is that if we do put a gutter up (and there isn't room to get in to fit it anyway) that we then will have a lot of water draining onto one spot, there is no soakaway to run a gutter into.

[charitynjw]

Re: Neighbour claims our shed is causing damp to his garage built on boundary wall

IMHO

A plumber friend of mine once told me that he knows 2 things for sure; water flows downhill, & payday is Friday!

As long as you haven't diverted or channeled the rainwater onto his property, I can't see how you would be liable.

Btw, if you do find a way to make the water flow uphill without using a pump or an Archemidies Screw, give me a ring.....................................:madgrin:

Ps - Neighbour disputes can turn ugly - check your insurance policies for legal advice/representation.

[Ripped-Off]

Re: Neighbour claims our shed is causing damp to his garage built on boundary wall

It seems plain to me that the cause of his damp wall is the faulty damp proof course that his builder found

I would tend to agree. Whoever built the garage appears not to have factored in the height difference on the other side of the garage. They could have installed a French drain, tanked the garage wall or even used engineering bricks. Is the water coming in above or below the DPC?

Would you object to him putting in a French drain or perhaps digging down to expose the DPC then ramping the soil back to its original level. There must be lots of different options to explore rather than him going legal.

I cannot see that surface water is draining onto his land, he is only concerned about rain fall off from one side of our shed hitting his wall

This is difficult to answer. If the water from your shed diverts water onto his land that would otherwise be on yours, then that could be the nuisance because you are altering the direction of the water from its natural route into the ground. If this is what is happening then, despite the DPC issue, I suspect that he would have a remedy to prevent you from continuing to drain water towards his land, even though had it not been for the garage DPC he would not have complained. If, however, this is not the case then you should not worry as clearly, the fault would be with the garage DPC and that is not your problem.

Despite all of this, neighbours hate to admit defeat so if this continues, then the dispute may end up going legal. Have you considered putting up a gutter and collecting the fall off in a water butt? You'd have to dispose of that water eventually unless you could use it elsewhere. You may only have to use it temporarily until the damp in his wall dries out.

[Peta]

Re: Neighbour claims our shed is causing damp to his garage built on boundary wall

I would tend to agree. Whoever built the garage appears not to have factored in the height difference on the other side of the garage. They could have installed a French drain, tanked the garage wall or even used engineering bricks. Is the water coming in above or below the DPC?

Would you object to him putting in a French drain or perhaps digging down to expose the DPC then ramping the soil back to its original level. There must be lots of different options to explore rather than him going legal.



This is difficult to answer. If the water from your shed diverts water onto his land that would otherwise be on yours, then that could be the nuisance because you are altering the direction of the water from its natural route into the ground. If this is what is happening then, despite the DPC issue, I suspect that he would have a remedy to prevent you from continuing to drain water towards his land, even though had it not been for the garage DPC he would not have complained. If, however, this is not the case then you should not worry as clearly, the fault would be with the garage DPC and that is not your problem.

Despite all of this, neighbours hate to admit defeat so if this continues, then the dispute may end up going legal. Have you considered putting up a gutter and collecting the fall off in a water butt? You'd have to dispose of that water eventually unless you could use it elsewhere. You may only have to use it temporarily until the damp in his wall dries out.

The water doesn't enter his land, it falls into the soil beside his garage wall and any not absorbed by the soil runs across our patio and is absorbed by our garden. In fact our shed provides considerable protection to his wall from the rain. His garage roof juts into our garden and the shed roof comes just underneath this. I cannot see that there is actually room to fit a gutter between the two, even if trying to gain access from our shed roof, which risks damaging it. There is no room to fit a water butt, as the back of our garden is only 1' from the rear of our shed, and we do not want a large waterbutt in front of our summerhouse windows.

[Algeron45]

Re: Neighbour claims our shed is causing damp to his garage built on boundary wall



The water doesn't enter his land, it falls into the soil beside his garage wall and any not absorbed by the soil runs across our patio and is absorbed by our garden. In fact our shed provides considerable protection to his wall from the rain. His garage roof juts into our garden and the shed roof comes just underneath this. I cannot see that there is actually room to fit a gutter between the two, even if trying to gain access from our shed roof, which risks damaging it. There is no room to fit a water butt, as the back of our garden is only 1' from the rear of our shed, and we do not want a large waterbutt in front of our summerhouse windows.

Sounds like shed is very close as cant fit guttering and splash back is causing the issues with heavy rain and wet wall over time in next doors garage. Causing a nuisance and neighbour could have access covenants to maintain his property and have access so ask you to move shed. Always best to leave a gap for access and to stop water ingress. Show your trying to stop the problem before you end up in court. Solicitors will advise your unlikely to win your defence and have to pay all legal fees after they see the surveyor report. Insurance wont pay your legal fees unless they are certain you will win as courts make looser pay all fees. Best move shed away a foot and add some guttering. Could loose more than your shed if you end up in court. Most of us will protect our biggest investment as home could loose value. Would you buy a home with water coming through the walls.