Possible Subsiding End Terrace Next Door

ctunni

I live in a terraced house second from the end terrace. The front of the property has a single story flat roof building which has our hallway and front door in it, the other side of this flat roof building has next doors front door and hallway in too.

Recently I noticed that all the rain water is pooling on next doors side of the flat roof building, the water drain is on our side so the water is not reaching the drain as the building appears to be sloping on next doors side. I have also my front door appears to be coming away from the wall and a large crack has appeared. Some smaller cracks have started to appear around the ceiling and underneath my front door.

The property next door is owned by the council, I went to speak with my neighbour to ask if she has noticed any cracks etc. She told me she has been in touch with the council several times as her front door has been hard to open and close and she also has said she had cracks appearing in her hallway. Apparently the council have been round and filled in the cracks and fixed her front door a few times. I also noticed that all the paving slabs in front of my neighbours house are lob sided and uneven, there is a large tree opposite her house and another big tree on a field at the side of her house, perhaps they are the cause?

I now have serious concerns that this is being caused by subsidence. There are two other houses on this road, both end terraces, which have had the same problem and have had repairs carried out due to subsidence.

Are the council just papering over the cracks every time my neighbour contacts them about this? I don't know what to do, as this is affecting our property which we purchased many years ago. Should I get in touch with my insurance company and pay the £1000 excess or should I contact the council and get them to sort this out since it appears to be one of their properties which is causing the problem with mine?

Any advice is appreciated. Thanks.

Davesnave

ctunni wrote: »

Should I get in touch with my insurance company and pay the £1000 excess or should I contact the council and get them to sort this out since it appears to be one of their properties which is causing the problem with mine?

Any advice is appreciated. Thanks.

I would notify your insurers, as failure to do so at an early stage might count against you. You don't mess around over matters like this. They'll probably be more effective in putting pressure on the council, if needs be.

The problem is likely to lie outside the two properties. In other words, it's ground conditions, rather than next-doors house, which is causing the subsidence.

Who owns the trees?

ctunni

Davesnave wrote: »

Who owns the trees?

I suspect the council own the trees, one is in a field next to my neighbours house, the other is opposite my neighbours house but not in the garden.

ctunni

If the council do own the trees and the trees are found to be the cause of the problem will I be entitled to get my £1000 excess back? I don't happen to have a spare £1000 lying around so I will have to pay my excess on a credit card which is something I'm not really happy about :-(

Davesnave

This sort of problem comes with home ownership. Having susidence close by is serious, and as that's what you might have, it makes sense not to dither over an insurance excess.

You are a long way from determining who, if anyone, is to blame here. It might not even be the trees; it could be drains, an underground spring, mine workings and so on.

If someone else is to blame, your excess will be reclaimed in time, but sometimes, like a tree falling on your house, matters like this are seen as an "act of God."

The point is, you're not alone. Your insurer has an interest, and so does your mortgage lender, if you have one, so there may be good advice at hand if you ask.

We can only advise generally here,.

moneyistooshorttomention

There is an easement that is basically a "right of support" from any adjoining properties/their land that helps to support yours and its a legal entitlement.

Try googling for info. on that - as it sounds as if the Council is ignoring the fact your house has a "right of support" from their property.

edit; page 314 of the "Land Law Directions" book I have:

"11.3.6. Rights of support
As well as the natural right to support for land in its unimproved state, easements of support for a building can be created. This occurs when one building relies on another for its structural stability - for example houses in terraces share party walls, as do semi-detached houses.........The owner of the servient land (ie the Council as owners of the house concerned on this thread) may, therefore, be liable in nuisance or negligence if they allow their house to fall into disrepair and thus damage adjoining property."