adjoining neighbour's flooding caused damage to my house

constantinesavva

Hi
i wonder if you can help or point me to the right direction.

Our adjoining neighbour had a serious flooding in her house over a year ago and it seems that she had an insurance claim and carried out major remedial work. It seems that after the treatment to her party wall, our side of the party wall has been affected because the walls get wet too often.

I wasn't aware of the party wall act, so we didn't take any action at the time although she did not serve us a party wall notice to carry out works as she ought to by law and the problem in our property was not there at the time. Now, after getting opinions from builders etc we realised that the problem in our property must have been caused by her flooding. So, we need to do something to protect our rights and fix our property, nonetheless I am not sure how I should proceed.

I don't think our property insurer will or can obtain details of the neighbour's claim from her insurance company as evidence of the nature and extent of the works carried out.

Basically the main issue as I understand it is about proving that the problem in our property was caused by the neighbour, so that our insurance can claim against her insurance.

When I spoke to my insurance company about eh problem in our house some time ago (without mentioning about the next door issue) they weren't interested and they said that we need to hire someone to ascertain the problem before we could make a claim. What kind of qualified person do I need to hire, a structural engineer?

Can you please advise us how to proceed?
Thank you

G_M

Our adjoining neighbour had a serious flooding in her house

was this a natural flood (rain, water running downhill etc)
or a domestic flood (burst pipe etc)

If

she did not serve us a party wall notice to carry out works as she ought to by law

you can hardly claim

I wasn't aware of the party wall act,

!
Did you appoint a surveyor? Why not after receiving the notice??!

they said that we need to hire someone to ascertain the problem before we could make a claim.

well of course. Until you know the cause of the damp, how can you, or your insurer, know if it is an insured event or not?

What kind of qualified person do I need to hire, a structural engineer?

I doubt if the problem is structural (though it might be). You need a chartered surveyor, or an independant damp specialist.

Have you discussed with your neighbour? What was the reaction?

dacouch

If the costs for repair are minimal you may regret involving your Insurer

constantinesavva

Hi
Neighbour did not give us a party wall notice of intention to carry out works. After a year, how could I prove that she was in breach of the law by not doing so?
And supposed a surveyor appointed by us ascertains that the damage was because of the flooding in her house caused by burst pipes, how could i prove that she had that problem and carried out works? Obviously she won't give me the insurance claim details and my insurance company wouldn't claim against her insurance if there is no proof about her liability.
Many thanks.

G_M

constantinesavva wrote: »

Hi
Neighbour did not give us a party wall notice of intention to carry out works.
sorry - I mis-read and missed your 'not'!
After a year, how could I prove that she was in breach of the law by not doing so?
No breach and nothing you can do now. The only remedy was to seek a court injunction to stop the works at the time.
And supposed a surveyor appointed by us ascertains that the damage was because of the flooding in her house caused by burst pipes, how could i prove that she had that problem and carried out works?
difficult to prove. What evidence do you have of the burt pipe(s)? Of work done to plumbing?
Obviously she won't give me the insurance claim details and my insurance company wouldn't claim against her insurance if there is no proof about her liability.
Many thanks.

These are valid concerns. Having a legal right is often dependant on proof. No one here can provide that proof for you.