Damp on extension wall due to high ground level from neighbour's side

TranceNRG

G_M wrote: »

I too think responses are harsh.

In legal terms, it may come down to which came first: OP's extension or the neighbour's patio?

If the neighbour (or his predecessor) built a patio up against an existing extension, then they had a duty not to cause damage to the extension by breaching the damp proof course level.

In that case, there is no need for OP to offer to pay for remedial work - that seems overly generous though may have been a diplomatic initial approach.

OP could write (or get solicitor to write) to the neighbour, informing him that the patio is causing damage and insisting that
a) neighbour takes action to stop causing damage (damp), and
b) cover the costs of internal redecoration caused by the damp penetration (and any other consequential costs).

Ultimately, OP could take neighbour to court.

As always with neighbour issues, negotiation leading to an amicable agreement is of course far preferable. OP seems to have tried this.

Perhaps the time has come to be a bit more assertive/threatening, whilst still holding out an olive branch by informally making clear that you'll be satisfied if one line of sandstone is removed and French drain installed. Perhaps this time offer to pay half, to push home the message that neighbour does have liability.

Cheers G_M for a sensible answer.

As for your quesiton, I am not 100% sure as I've lived there for only 2 years but I am reasonably confident the sandstone patio on the neighbours side was built after the extension.

To give you furhter details, the patio on my side was also high and this was causing damp issues on the other walls in my flat.

The high ground level was highlighted by the surveyor in my building report but at the time I didn't think much of it.

However recently I got a landscape Gardner to remove my patio, excavate and lower the ground level.

So only high ground level that is left now (I reckon it's 5-10cm) higher than my floor in the flat.

Evidently their patio is also higher than their floor level inside which caused damp in their kitchen hence they removed a row of sandstones and backfilled with shingles to create a french drain. I am proposing the same solution along my extension wall and it's only a few metres long and will have absolutely no impact on their ability to use the patio. The owner of the property is solely worried about easement if I pay for hte work as if they accept it, they are admitting fault from their side.

To those having a go at me, if you don't have anything useful to add don't bother posting.

Yes I am aware I can try tanking again but that means my flat will be a total mess (I had a full refurbishment done and I have new flooring, kitchen, etc). I had damp proofing work done previously and obviously this hasn't stopped damp coming in and frankly I don't trust poeple in this industry so rather than doing this again, I'd try the simple solution.

From the research I've done, high ground level is the cause for most damp issues and in most cases resolved by digging a small trench and backfilling with shingles to improve drainage.

Anyways I'll see what the neighbour says and if diplomacy fails , I'll have to go down the leagal route.

Edit - Is there a way to get around easement issue?

TranceNRG

Penitent wrote: »

Just to be clear, I wasn't having a go at you, I was having a go at the person who built the extension and suggesting why your neighbour might be nervous about what you want to do.

I still don't understand why their patio is so high up, but if yours was high up too, could this be something that was done when the houses were built? Do all the houses in the terrace have this high ground? If so, couldn't they argue that the high ground level is not something that they have done and so not something they have to change?

It wasn't aimed at you specifically but the tone in some of the messages.

I guess I can't do anything about what's happened in the past so I need to try and work with what's there now.

I think high ground level is the work of cowboy builders and owner probably not being aware of issues caused by high ground level. So with my flat when they built the patio, they really should have excavated first to reduce the ground level but looks like they've just added sub base and sandstones so obviously the ground level is too high compared to the flolor inside which bridged the DPC. They should have at least left a gap between the sandstones and the walls of the house but they didn't do that either.

I see exactly the same issue on teh neighbours side.

I've just rang the neighbour and they don't want me to do any work because of easement but she said she'll consider doing the work themselves (but i'll give them the money). If she agrees to that then that would be the easiest solution I think.

Cakeguts

From what you had written it sounded as if your street is on a hill and the house of your neighbour is higher up the hill than your house. I can only go on what you have written.

The point is that if you house is further down the hill than your neighbours house then your extension wall will be build up against the soil of your neighbour's garden. If your neighbour then puts down a patio that will not make a huge difference to the height up against your wall if the ground level on that side is already higher. This difference in height should have been sorted out when the extension was built with tanking on the inside of your wall.

You can't expect your neighbours to lower their ground level to match yours if they are higher up a hill.

G_M

I don't really understand the neighbour's concern bout an easement. It sounds as if they'd be happy to see the work done if that perceived risk was removed.

Tea and cake and a friendly chat to discuss....?

eg how about they do they work and you slip them some cash in a brown envelope, no receipt? No records, no evidence, just them maintaining their patio. Where's the easement?

Alternatively get some legal guidance as to whether, and how, you paying contractors to do the work on their land would form an easement. If legal advice is that it wouldn't, then show them that.

TranceNRG

G_M wrote: »

I don't really understand the neighbour's concern bout an easement. It sounds as if they'd be happy to see the work done if that perceived risk was removed.

Tea and cake and a friendly chat to discuss....?

eg how about they do they work and you slip them some cash in a brown envelope, no receipt? No records, no evidence, just them maintaining their patio. Where's the easement?

Alternatively get some legal guidance as to whether, and how, you paying contractors to do the work on their land would form an easement. If legal advice is that it wouldn't, then show them that.

They've had advice from their friend who's a property solicitor not to let me do the work as that will give me a right to their property or something.

Anyway she said she'll consider doing the work but me giving them the money just like you suggested.