Neighbour's retaining garden wall causing serious damp

Debbie_Savard

Anything in the deeds about responsibility for maintaining the retaining wall? If it so close, the footings must abut your foundations, so Party Wall rules apply.

Doozergirl

Debbie_Savard wrote: »

Anything in the deeds about responsibility for maintaining the retaining wall? If it so close, the footings must abut your foundations, so Party Wall rules apply.

Which rules are these for walls that have existed for decades?

Noop

Nothing in the deeds. My boundary is the end of my house, so beyond that I presume is not my responsibility to maintain.

unforeseen

So we have a house built up to the boundary and a retaining wall built just short of the boundary..

The only thing to decide now is whether land was dug out for house or land was built up for the neighbour to decide responsibility for the upkeep of the wall.

stator

Have you downloaded neighbours title plan to see if the wall is included in their property?

Noop

No details are held with the land registry....

Noop

unforeseen wrote: »

So we have a house built up to the boundary and a retaining wall built just short of the boundary..

The only thing to decide now is whether land was dug out for house or land was built up for the neighbour to decide responsibility for the upkeep of the wall.

My partner just pointed out that the bottom of the retaining wall has been built with staggered brickwork to (we presume) allow the air to circulate through. Implies to me it came after my house. The land of the neighbour is up a very gradual hill from mine, however the property beyond that sits lower than my neighbours. I presume the land has been built up around my house.

usefulmale

Noop wrote: »

Is there any reason for your aggression? Need a hug?

I bought in the summer. There were minimal signs of damp. The previous owner has done a good job of hiding it by replastering and painting. After nearly a foot of snow funnily enough it's now visible.

The survey did not pull this issue up to a great extent as at the time of purchase the house next door was overgrown, ivy had crossed between the properties and there was quite dense foliage.

Not aggressive, just telling it like it is. Damp takes a long time to dry out and almost always leaves tell-tale traces of its existence.

If I were you, I would do what your seller did to you. Give it a couple of years, replaster the wall and sell the problem on.

From the picture I have in my head, establishing liabilty and making repairs will cost a fortune.

Can you put up a photo so we can see the problem?

Noop

https://ibb.co/cy0oWb

(My bricks have been repointed, hence why it looks "fresh")

Davesnave

Noop wrote: »

I had a building survey completed, however this was hindered by the overgrowth from next door. The ivy and trees were very dense; hanging into/ attached to the house. So it was raised as "there could be an issue" of penetration, but not flagged as something that needed to be immediately addressed. It's only since i have pulled the ivy off and the neighbour has cut the trees that the problem is truly visible. It probably doesn't help the survey was in the summer so the damp readings weren't high.

Im aware it sounds obvious, but it's been overlooked by a few people.

I'm not a surveyor, but I do my own surveys when I buy, taking others who know about building with me.

Looking at the picture and asking myself, "Would we have missed that?" the answer is, "No!" We would have wanted to see what was there, because one of the most basic requirements is to see all around the exterior, especially if there's such an obvious change of level. We would have cleared the ivy etc there and then.

In a buildings survey, some surveyors would have done similarly. Many, like yours, would have flagged this as a potential issue and suggested further investigation before purchase. This should have been a priority matter, regardless of damp meter readings. After all, you could buy a similar meter on Amazon for under £20; they are that good!!

I suppose the surveyor might well argue that "there could be an issue" covers his/her backside, but if that's all they said, I feel that they let you down. If it were me, I'd be in their office after the holiday asking why this wasn't flagged red so it was explored further. Never mind the damp; the inacessibilty was a major issue.