Neighbours canopy attached to my wall and causing damp

purpleparrotuk

I have been living in my current house for 3 years. My neighbours have their house up for sale. They have a polycarbonate roof constructed over their drive (between my house and theirs) that is actually attached to my house with wooden batons. There is no drainage at all so when it rains the water just falls down the side of my house. I spoke with them a few days ago and they said they will remove it if we want. The estate agent has said in the particulars they have a double length garage when its not. It is a brick built garage down the bottom of their driveway and the poly carport thing that they are classing as part of the garage.
The canopy was there before I moved in but I did not know this when I was buying the house since double gates hide the view. Where do I stand since it is causing damp problems on my property. I don't want the new people moving in with it like this since it will be harder to get them to remove it.
The neighbours don't seem to be in a rush to remove it and are worried it may devalue the house if removed but every day that passes more rainwater is going down my wall.
Where do I stand regarding this please?

theonlywayisup

purpleparrotuk said:

I spoke with them a few days ago and they said they will remove it if we want. 
Where do I stand regarding this please?

Tell them you would like it moved as you are experiencing damp problems and don't want to have them presented with a bill for repair. 

purpleparrotuk

theonlywayisup said:

purpleparrotuk said:

I spoke with them a few days ago and they said they will remove it if we want. 
Where do I stand regarding this please?

Tell them you would like it moved as you are experiencing damp problems and don't want to have them presented with a bill for repair. 

Thanks. If they don't remove it soon what can I do legally, do I need to get solicitors involved?

theonlywayisup

purpleparrotuk said:

theonlywayisup said:

purpleparrotuk said:

I spoke with them a few days ago and they said they will remove it if we want. 
Where do I stand regarding this please?

Tell them you would like it moved as you are experiencing damp problems and don't want to have them presented with a bill for repair. 

Thanks. If they don't remove it soon what can I do legally, do I need to get solicitors involved?

That is the last thing you want to be doing.  Keep the dialogue between you going - you don't say if you have told them about the damage to your property.  If you haven't then you need to.  If you have just let them know that the water is still ingressing.   If they have said they are going to remove it then why do you think they will change their minds? 

Greatgimp

They wouldn't want the legal requirement to declare a dispute with their neighbour, and the only way they can avoid that is if you accept the situation or they remove it to your satisfaction - a subtle hint in order? Estate agents make mistakes all the time regrding descriptions, this could just be another example.

couriervanman

Its your house and water is running down the walls....tell them to shift it

Jeepers_Creepers

Don't concern yourself about what the EA's particulars say - that doesn't matter, and it's their problem.

For the canopy, tell the neighbour the simple facts, in a nice and friendly manner; you've realised it's causing damp issues to your property as it's been bolted to your wall, and that you hadn't fully appreciated before that it had been attached - which it shouldn't have been. You could claim that the 'damp' brought the fact it was attached to your attention - possibly a wee fib, but it should focus his mind on the fact that you have noticed the damp first, so he should be worried. Add that, now that they're moving, it's a good time to resolve both issues. If he says that the previous occupant to you was fine with it, say 'that's fine - but I'm sure they wouldn't be if they'd known the damage it could cause'.

Almost certainly they'll be fine about it - after all, they could find themselves in an awkward position just when they are trying to sell.

Assuming they do the right thing and accept the inevitable, say 'thanks' - and then ask when will it be coming down? They should act on this sooner rather than later - after all, anyone who's viewing will form the wrong opinion of what they're getting.

If there's been no move to remove it by the acceptable date they gave, ask again when it's going to come down, adding that it has to be very soon, adding that you really don't want to get solicitors involved as this would come up as a 'dispute'. Make it clear - it does need to go; it's causing damage, and it's just not acceptable to bolt things to another person's house.

Meanwhile, check your house insurance for LegProt; they'll send him a letter if needed. That'll make him poo himself.

TELLIT01

Does the wall of your house actually form the boundary of the property?  If not you can certainly remove anything which has been attached to it. 

purpleparrotuk

TELLIT01 said:

Does the wall of your house actually form the boundary of the property?  If not you can certainly remove anything which has been attached to it. 

Thanks for the reply. Can you clarify what you mean by form the boundary? I can’t even get to the side of my house for maintenance because they have big double gates also attached to my house. But this seems to be a common thing because most houses have gates like this down the road. Just not as big. The driveway goes between both properties and my wall is right in the edge of the tarmac so I would need to walk on their driveway to get to my wall. 

Jeepers_Creepers

As I understand it, you are permitted access for maintenance if that is the only way to gain access to a part of your house (eg your house wall is right on the boundary - which yours appears to be), but a belligerent neighb who refuses might need forcing legally. That's rare, tho'.

I can't see any way at all that they have any right to attach anything to your wall - it isn't even a shared or 'party' wall from what you describe - it's entirely yours.

Ditto the gate post. This is THEIR gate? And it's attached to YOUR house?!  Your call if you want this shifted too - a clean start with a new neighb.

Any chance of a photo to show all this?

Meanwhile, have you contacted your LP?

beduth

We had the exact same problem. We told them we were having work done and the builder had recognised the cause of damp. We politely explained what the builder had said, and asked them to remove it asap as we could not start until it was dry. 

They quickly removed it.