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Party Wall Issues - Help Please!

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  • Party Wall Issues - Help Please!

    Hello - Hopefully someone can advise!
    Our neighbour, in the maisonette on the end of a terrace row has converted her loft space to include a kitchen, living room and bathroom. The work was completed Summer 2015. She came to see us while I was away with work and my wife signed a document - unfortunately she can't remember the content and despite asking for a copy on numerous occasions, our neighbour keeps making excuses. Assumption is that this was a partywall notice...but may not have been!

    Following completion of the work we've begun suffering water ingress into our bedrooms. We've raised this with the neighbour once in person - she promised a response but none received - and latterly in the form of 2 letters. We've since had a response by way of letter claiming harrassment and threatening to involve the police with absolutely no acceptance on her part that anything is amiss because she went through the correct building regs etc! I've had the roof looked at by a builder who believes that the water ingress is being caused by water draining off the fibreglass cladding directly onto our roof and water gathering on the stone at the section of the parapet wall that wasn't raised in the conversion.
    I've also recently noticed that the new soil pipe servicing the bathroom in the conversion is running along the raised party wall on our side with the join above the problem area which may be adding to the problem. Also are they allowed to run a soil pipe above our property? I've also spoken to a RICS surveyor who says it's remiss that our neighbour is ignoring the issue - his view, without seeing the property is that the builder is probably correct and our neighbour is liable but obviously can't guarantee this.We're really stuck now with what to do - surveyors, lawyers? Keen to avoid huge costs as my wife is about to give birth so any advice would be greatly appreciated!
    Thanks in advance
    Richard
    Tags: None

  • #2
    Re: Party Wall Issues - Help Please!

    You could try making a claim on your household insurance for water damage.

    Comment


    • #3
      Re: Party Wall Issues - Help Please!

      The Surveyor could be right, you should be entitled to some compensation as a result, if the neighbour or contractor has caused damaged you should also be entitled to claim for that. I'll put up a proper response soon.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        Re: Party Wall Issues - Help Please!

        The problem is the neighbour is denying any liability.
        To prove your case you will need more than a builder's word.

        If you involve your insurers (assuming you have insurance) they will deal with the damage to your property and then recover from your neighbour's insurers who in turn will make sure she has remedial work carried out so they don't have further problems. (or at least that's how it should work!)

        Comment


        • #5
          Re: Party Wall Issues - Help Please!

          gathering on the stone at the section of the parapet wall that wasn't raised in the conversion.
          Was this the result of the works done by the builder instructed by your neighbour? If so, maybe you can gt a report form the builder which could be used as evidence and instruct as a witness if you did decide to go to court on this matter. The neighbor will of course deny it but the fact that she instructed the workers to deal with the work then she could be held responsible as well as the builders. Have you got a quote to fix the problem?

          Your choice seems to be either go through the courts and send a letter before action to your neighbour, I woudn't bother sending any other letters to her other than a letter before action, she cannot claim harassment by you sending this as it is a genuine claim. Alternatively, as Des8 has said, you can go through your insurers if you have insurance, but will likely increase your premiums as a result.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Re: Party Wall Issues - Help Please!

            Thanks all,

            We tried the insurance route but that was a dead end - they only seemed interested if it was a result of storm damage...
            The info I'm getting is that it should fall under the Party Wall act - for the water damage - and the piping is effectively trespass of our 'airspace'!

            Re the 'stone section' - yes we believe so. They've added a fibreglass clad to either end of the raised party wall and run a pipe along our side of the raised party wall - pic below.

            I've attempted to speak to the builders who did her conversion but unfortunately they are no longer trading! We've been very nice through all of it and have even offered to remedy the internal damage ourselves if she's happy to rectify the external work...having received a letter though, where she says -
            'As much as I would like to be sympathetic to your problems, I think the situation is now getting out of hand and amounting to harassment. I was hoping to ignore your letters and give you time to come to your senses. If there are any demands for money or attempts to approach me with discussions concerning your roof, I will take matters to the police'.
            I now feel we're being pushed into a position where the only route is expensive surveyors and legal action...

            On the pic below you can see the original parapet wall. The left is the neighbours, the right side is ours. You can see the fibreglass clad which is the start of the party wall she had raised during the works. The pipe has been run down the right side (above our property) of the party wall with the internal damage appearing directly below where cladding is and the pipe crosses the stone...

            Thanks again for your help :-)



            - - - Updated - - -

            Ah - seems I can't post a pic, but you get the gist....

            Comment


            • #7
              Re: Party Wall Issues - Help Please!

              Originally posted by monkeymadgic View Post
              Ah - seems I can't post a pic, but you get the gist....
              you could email it to me (see my signature) and I'll post it if you want??
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: Party Wall Issues - Help Please!

                Time for a Solicitor this is going to become nasty with her attitude

                Comment


                • #9
                  Re: Party Wall Issues - Help Please!

                  Originally posted by monkeymadgic View Post
                  Thanks all,

                  We tried the insurance route but that was a dead end - they only seemed interested if it was a result of storm damage...
                  The info I'm getting is that it should fall under the Party Wall act - for the water damage - and the piping is effectively trespass of our 'airspace'!

                  Re the 'stone section' - yes we believe so. They've added a fibreglass clad to either end of the raised party wall and run a pipe along our side of the raised party wall - pic below.

                  I've attempted to speak to the builders who did her conversion but unfortunately they are no longer trading! We've been very nice through all of it and have even offered to remedy the internal damage ourselves if she's happy to rectify the external work...having received a letter though, where she says -
                  'As much as I would like to be sympathetic to your problems, I think the situation is now getting out of hand and amounting to harassment. I was hoping to ignore your letters and give you time to come to your senses. If there are any demands for money or attempts to approach me with discussions concerning your roof, I will take matters to the police'.
                  I now feel we're being pushed into a position where the only route is expensive surveyors and legal action...

                  On the pic below you can see the original parapet wall. The left is the neighbours, the right side is ours. You can see the fibreglass clad which is the start of the party wall she had raised during the works. The pipe has been run down the right side (above our property) of the party wall with the internal damage appearing directly below where cladding is and the pipe crosses the stone...

                  Thanks again for your help :-)



                  - - - Updated - - -

                  Ah - seems I can't post a pic, but you get the gist....
                  You pay for your building insurance and this should be covered. It is up to your insurance company to make a claim on the neighbour's insurance company. Do you have a copy of your buildings/ home insurance contract? If so, go through it clause (term) by clause. If your insurance company will not do this they're likely in breach of contract - as your remedy in court is 'specific performance.'

                  Comment


                  • #10
                    Re: Party Wall Issues - Help Please!

                    Pic:
                    Attached Files
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Party Wall Issues - Help Please!

                      Thanks for all your input folks.

                      I'll try our insurance provider again and if no luck there I guess it's the nuclear option!

                      Will let you know.

                      Thanks again and have a great weekend

                      Comment


                      • #12
                        Re: Party Wall Issues - Help Please!

                        Who are your insurers, and what coverage do you have?
                        Is it possible to see a copy of the policy wording on line?

                        Comment


                        • #13
                          Re: Party Wall Issues - Help Please!

                          Sure - I'm not at home but it's Churchill and there's a link to PDF on this link:-

                          https://www.churchill.com/home-insur...xt_link/policy

                          Comment


                          • #14
                            Re: Party Wall Issues - Help Please!

                            Ok, so your policy does not cover the type of water damage you have suffered.
                            However it does have Family Legal Protection.
                            Whilst not a fan of this as an add on cover, it does have its uses and it may well be worth while having a word with them about your options.
                            IMO the claims people should have pointed you that way when they informed you that the water damage was not covered, but there you are that's just me!

                            Comment

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