Neighbour Dispute - damaging MY property

Fierce1979

dotdash79 wrote: »

How much would it cost to fix?

Had one estimate at £1800, nobody else would quote as need to erect scaffolding. No way his roof would support the weight of someone going up there to check

carefullycautious wrote: »

Did you not see any damage yourself if it has been going on as long as you suggest. Also why did your survey not pick this up?

We only bought the property in April? Not sure what you mean

The survey picked up that there was damp, but no mention of the cause being from the neighbours property

G_M

My instinct is to follow up the neighbour, not the vendor.

Whatever you do, you will need neighbour's permission to carry out work on his property, even if you pay yourself and/or get vendor to pay.

So you need to
* negotiate with neighbour and try to reach an agreement
* chase neighbour viacouncil(slow)
* chase neighbour yourself - you can sue for damage via the courts(and claim your court costs back)
* your insurer might help with suing the neighbour, esp if you have the legal cover add-on option

TrickyDicky101

To me it sounds like pursuing the vendor is a non-starter - it doesn't sound as if he had any dispute with the neighbour, and it's caveat emptor as far as you not properly checking the extent (or potential extent) of the damage re the damp I'm afraid.

N1AK

Fierce1979 wrote: »

However, they said that it would likely take 6 months minimum, and we can't leave it that long

Anyone got any suggestions please?

Cheers

You say he can't afford to do the work. If that is true and the council can't force it within 6 months then your only option is funding it yourself if you truly 'can't leave it that long'.

Get some legal advice. Chances are it'll be cheaper for him to sort it now than it will be to deal with the costs he'll face if you, and/or the council, force him to later. Write down the likely course of action, and costs it would occur, if he continues to neglect his property and then hope he acts rationally. Continue to pursue via the council in the meantime.

witchy1066

I had something like this with a property I had , next door neighbour complained to the council saying that my guttering was making her bedroom damp, the council sent me a letter saying I had to repair in 28 days or they would have the job done and send me the bill

the council came to the property, basically looked up at the gutter and that was that , no if's or buts or can I afford , I had to have it done ,

best thing was her bedroom was nowhere near where the gutter problem was, and when the roofer went to do the job it was she who had slipped tiles on her roof and it was that the roofer believed to be the problem , anyway he fixed the gutter and the tiles , I paid ,

what I am saying and it might sound harsh but its not your problem if he can afford it or not , if its effecting your property you NEED to get it sorted , ring the council and get the ball rolling ASAP , they will write to him and tell him what will happen, he will have time to get the job done himself , which will be cheaper or the council will do it,

I would tell my neighbour what you intend and be very polite

AlexMac

Lots of good advice here, and if all else fails, you could offer to subsidise your neighbour's repairs, on the grounds that having spent over £100k (presumably) on a house which you knew was damp, you'll have budgeted for some work, and, in the long run its cheaper to fix damp than suffer the consequent deterioration (and cost).

But are you making a mountain out of a molehill? I'd feel really insulted and patronised if a young neighbour moved in and rather than opening courteous negotiation, started posting about me "being about 70" (as if that's a problem?) and "looking like a troll" (I'm 66, a bit troll-wrinkly, but pretty fit, walk mountains and often help older neighbours out by fitting kitchens for them). Rewind. Chill. Act like a neighbour...

After all you'll be a 70-year old wrinkly troll one day, and to speculate a parallel future scenario, maybe you'll not know how to fix your anti-gravity device and you too will have too seek help from the upstart kid next door with your gizmo or whatever other technology has left you behind and baffles you- (like his scaffolding, tile-repairs, chimney-stack pointing and lead flashing, which is probably all your neighbour needs advice on fixing).

So... Peace and love, Man (which is what we old codgers used to say in the 1960's)

[Deleted User]

AlexMac wrote: »

.., if a young neighbour moved in and rather than opening courteous negotiation, started posting about me "being about 70" (as if that's a problem?) and "looking like a troll" (I'm 66, a bit troll-wrinkly, but pretty fit, walk mountains and often help older neighbours out by fitting kitchens for them). Rewind. Chill. Act like a neighbour...

After all you'll be a 70-year old wrinkly troll one day, and to speculate a parallel future scenario, maybe you'll not know how to fix your anti-gravity device and you too will have too seek help from the upstart kid next door with your gizmo or whatever other technology has left you behind and baffles you- (like his scaffolding, tile-repairs, chimney-stack pointing and lead flashing, which is probably all your neighbour needs advice on fixing).

So... Peace and love, Man (which is what we old codgers used to say in the 1960's)

Best and most true post (please excuse the bad grammar I couldn't hink of a better way to say what I wanted to say lol) I have seen on here in a long time (from a nearly 50 year old wrinkly troll in training).

Fierce1979

AlexMac wrote: »

Lots of good advice here, and if all else fails, you could offer to subsidise your neighbour's repairs, on the grounds that having spent over £100k (presumably) on a house which you knew was damp, you'll have budgeted for some work, and, in the long run its cheaper to fix damp than suffer the consequent deterioration (and cost).

But are you making a mountain out of a molehill? I'd feel really insulted and patronised if a young neighbour moved in and rather than opening courteous negotiation, started posting about me "being about 70" (as if that's a problem?) and "looking like a troll" (I'm 66, a bit troll-wrinkly, but pretty fit, walk mountains and often help older neighbours out by fitting kitchens for them). Rewind. Chill. Act like a neighbour...

After all you'll be a 70-year old wrinkly troll one day, and to speculate a parallel future scenario, maybe you'll not know how to fix your anti-gravity device and you too will have too seek help from the upstart kid next door with your gizmo or whatever other technology has left you behind and baffles you- (like his scaffolding, tile-repairs, chimney-stack pointing and lead flashing, which is probably all your neighbour needs advice on fixing).

So... Peace and love, Man (which is what we old codgers used to say in the 1960's)

You seem to have latched on to a flippant comment, made on an anonymous internet forum about someone that (to my knowledge) isn't a member of said forum and if they were, isn't going to be able to deduce that I am referring to him due to the lack of any notable information whatsoever.

In addition, I have since added that I was exaggerating, he is but a mere pup in his late 50s, although he is very troll-like. I hereby apologise unreservedly if you or anyone else on this forum bears a passing likeness to a troll or other fictitious imagined creature, it didn't occur to me that I might be causing offence.

Regardless. I have been courteous. When the costs were (wrongly) assumed to be in the region of £500, I offered to split them with him to which he flat out refused

Yes, we budgeted for damp. This is outside of that budget. Which means I do not have the funds to pay for it. Of course if it were reasonable I would just do it but it is most definitely in the thousands

It isn't a matter of 'fixing damp' either. His roof is rotten, his guttering is rotten, rain literally pours into my walls. I'm unable to decorate my 18 month old son's bedroom and if it gets any worse and mold develops, it is potentially dangerous to him

Still. Kids of today eh?

Cissi

Fierce1979 wrote: »

The survey picked up that there was damp, but no mention of the cause being from the neighbours property

Fierce1979 wrote: »

It isn't a matter of 'fixing damp' either. His roof is rotten, his guttering is rotten, rain literally pours into my walls. I'm unable to decorate my 18 month old son's bedroom and if it gets any worse and mold develops, it is potentially dangerous to him

I assume that since the survey picked up what sounds like a serious damp problem you commissioned a specialist damp survey? This would of course have picked up the source, if it's as obvious as you say. I'm somewhat mystified why you proceeded with the purchase despite these findings?

Not sure if there is much you can do at this point, other than pursuing your neighbour via the Council/private legal route as has been suggested above. Sounds like you ignored warning signs in the survey and are now paying for it.

Even though we've always paid for a full structural survey, we've also instructed specialist surveys whenever a problem has been highlighted: potential woodworm, asbestos issue, damp etc. I will never understand how people are prepared to pay £100,000s and yet scrimp on thorough investigations beforehand!

Fierce1979

Depends on the definition of serious I guess

It's a 125 year old terraced house by the seaside, and it hasn't had any form of damp treatment whether preventative or otherwise since the 80s

Serious to me yes, but not uncommon nor OTT for the age and location etc of the property

Following the full in depth survey I paid extra for when getting the mortgage, I did then commission a specialist, and as I mentioned was compensated from the vendor accordingly. It now transpires that the estimate was wildly optimistic

I fully admit that I/we were somewhat naive when buying, we fell in love with the house and were blinded by our affection for it. We were first time buyers and trusted where we perhaps shouldn't have

That said, whilst I'm obviously not massively chuffed that the damp repairs are likely to cost at least double what I'd expected, I don't feel like I should shoulder any blame for the damage resulting from the neighbours property. Short of climbing out of the window and up on the roof when looking at the house prior to buying, I'm not sure what else I could have done

The damp specialist should have picked up where the issue stemmed from, they highlighted the damp area and suggested a course of treatment, but failed to notice the reason behind the damage.

I'd pretty much concluded that the most likely option was the council route, but thought this the best place to ask for advice on other avenues