Tweet
Hi all,*
We have a situation with our neighbors, but first let me give you the lay of the land. We bought a 1930's semi 18 months ago and this year have recently built a 3m single story permitted extension on the back. Our house is at the end of the road and the road curves around so the house to the left is set forward so the side of our house forms the property boundary and is on one side of their garden.*
Along the ground level of our existing house we recently noticed damp in our under stairs cupboard. The walls were wet to the touch. So we called a damp expert who wrote a report and also let the neighbors know immediately of the problem. He and my wife was allowed access to their garden and we noticed that they had decided to grow climbing plants against our wall. This was not their the previous summer when we bought the place. His report stated that he could not inspect the wall on the outside in their garden due to foliage but on our side along the existing house only there was a damp reading of 99.9% on his damp meter.*
To cut a long story short, they agreed to, and have removed the climbing plants but we have noticed that the damp is still there and also that the soil level is higher in their garden than our side. The is a slight slope to the garden so the extension has exacerbated the difference in garden level heights. He also installed a new large shed in the front of his garden and moved all of the earth against the wall of our house in his garden this year, making the problem worse.*
We have also told him that we want to paint the side of our house in his garden and remove the render on the bottom 1.5m next spring and let the brick dry out before treating it with damp proof paint then re-rendering and painting the whole side of the house. He has agreed to this however he has a large wooden pagoda on which he grows grapevines a few inches from the side of our house. We have said that this needs to be removed as it prevents works from being carried out, he says it does not and we can reach behind it. To be clear we cannot, or if we did we risk damaging his pagoda. I have said we are willing to do it his way as long as we are not liable for any damage to it. He has not agreed to this and said we will be held liable for any damage to it.**
My questions are as follows:
1.What is the law when it comes to existing garden levels being higher and causing damp to our house? I have heard that there is a building reg that states that the neighbors garden level must be below our DPC. Is this the case and is this legally enforceable?*
2. With respect to the new soil he has left in a pile against our house, I understand that we can get him to remove this as it is new, what is the law i need to be quoting to get this resolved? FYI this will require a legal letter as we have tried being reasonable with him, offered him options and he is not interested.*
3. What is the law when we want to carry out repair works to the side of our house and there is a structure in the way preventing us from doing so? Who is liable for the cost of it being taken down and put back up after? If this is not possible (I think it is cemented to the ground) then what is the situation if it gets damaged during the repair works?*
4. Separately, we want to install a downstairs toilet in the under stairs cupboard however this would require a new waste pipe being fitted to our wall for about 3m in his garden. He has refused permission for this. Is there any way around this? There are existing pipes against that wall in his garden (for roof rainwater drainage) that have been there for years and these sit under the overhand of the roof. Do we have the right to fit pipes to our wall if they are under the overhang and there are other pipes already there?*
Thanks in advance
We have a situation with our neighbors, but first let me give you the lay of the land. We bought a 1930's semi 18 months ago and this year have recently built a 3m single story permitted extension on the back. Our house is at the end of the road and the road curves around so the house to the left is set forward so the side of our house forms the property boundary and is on one side of their garden.*
Along the ground level of our existing house we recently noticed damp in our under stairs cupboard. The walls were wet to the touch. So we called a damp expert who wrote a report and also let the neighbors know immediately of the problem. He and my wife was allowed access to their garden and we noticed that they had decided to grow climbing plants against our wall. This was not their the previous summer when we bought the place. His report stated that he could not inspect the wall on the outside in their garden due to foliage but on our side along the existing house only there was a damp reading of 99.9% on his damp meter.*
To cut a long story short, they agreed to, and have removed the climbing plants but we have noticed that the damp is still there and also that the soil level is higher in their garden than our side. The is a slight slope to the garden so the extension has exacerbated the difference in garden level heights. He also installed a new large shed in the front of his garden and moved all of the earth against the wall of our house in his garden this year, making the problem worse.*
We have also told him that we want to paint the side of our house in his garden and remove the render on the bottom 1.5m next spring and let the brick dry out before treating it with damp proof paint then re-rendering and painting the whole side of the house. He has agreed to this however he has a large wooden pagoda on which he grows grapevines a few inches from the side of our house. We have said that this needs to be removed as it prevents works from being carried out, he says it does not and we can reach behind it. To be clear we cannot, or if we did we risk damaging his pagoda. I have said we are willing to do it his way as long as we are not liable for any damage to it. He has not agreed to this and said we will be held liable for any damage to it.**
My questions are as follows:
1.What is the law when it comes to existing garden levels being higher and causing damp to our house? I have heard that there is a building reg that states that the neighbors garden level must be below our DPC. Is this the case and is this legally enforceable?*
2. With respect to the new soil he has left in a pile against our house, I understand that we can get him to remove this as it is new, what is the law i need to be quoting to get this resolved? FYI this will require a legal letter as we have tried being reasonable with him, offered him options and he is not interested.*
3. What is the law when we want to carry out repair works to the side of our house and there is a structure in the way preventing us from doing so? Who is liable for the cost of it being taken down and put back up after? If this is not possible (I think it is cemented to the ground) then what is the situation if it gets damaged during the repair works?*
4. Separately, we want to install a downstairs toilet in the under stairs cupboard however this would require a new waste pipe being fitted to our wall for about 3m in his garden. He has refused permission for this. Is there any way around this? There are existing pipes against that wall in his garden (for roof rainwater drainage) that have been there for years and these sit under the overhand of the roof. Do we have the right to fit pipes to our wall if they are under the overhang and there are other pipes already there?*
Thanks in advance
Comment