Neighbour deliberatley sabotaging party wall with Water ingress

Rosa_Damascena

The CAB can be invaluable in times like this.

onomatopoeia99

Rosa_Damascena said:

missile said:

Shocking, see a solicitor asap

There's one guaranteed outcome here, and that is expense. How can you prove this is a malicious and deliberate act?

If suing for damages then all that's needed to establish the required burden of proof is that it is more likely than not, aka "balance of probabilities".   

"Sure" (formerly "beyond reasonable doubt") is a much higher burden of proof, but only required to secure convictions in criminal prosecutions.

A_Lert

Your claims come across as paranoid and delusional. I'm not saying it's not true but I think nobody you speak to is going to believe you.

So focus on what you can prove. You do have a severe damp problem on the wall, your neighbour has a structure that abuts it preventing you from seeing the exterior face, and they are being obstructive about the issue. Those are all solid facts.

But save the accusations that it's deliberate for when that becomes obvious to everyone, not merely 'obvious' to you.

paye

Jeepers_Creepers said:

Two separate issues. IS that a party wall? Does it straddle the boundary or is it fully on your bro's side?

And what sort of system does this guy have running so that water is constantly being fired at the wall?! Why doesn't this water come out from under his garage door? Has he set up some sort of recirculating pump and trough to collect the water after it's come down the wall?!

(And will the neighb have cleared all this away by Monday before the police come out now your bro has told him what he 'knows'...?)

I'd suggest try and obtain enough evidence for the police to act is the first step. Once that's been gathered, it should be a matter of having the repairs carried out under your own insurance, and they will then sue the neighbour for the cost. Even if you don't have LegProt (tsk tsk...), your insurance co should still be able to advise on how to proceed with a claim, and what they'll then do about it.

First, tho', you need evidence.

You should also - if you have not yet done so - write a full, chronological account of all the events that have led up to this moment. Every conversation had with the neighb - the main points of what was said by both parties. A note of when the damp began. A note of every time you heard water. Anything and everything. You ideally need to show that  the neighb knew they were doing wrong - that they were informed of the damp coming through. (I know that sounds weird, but just in case they claim "I was only cleaning my walls..." or summat silly.)

The wall straddle the boundary line. Seem like he does have some sort of a recirculating pump as he could hear a pump going when he took a video of the water running down the inside of the neighbour garage wall. I belive he has dug a trench along the wall to collect the water as before all this started there was a lot of drilling going on inside his garage next to the wall.  I gave him a endescope earlier today so he going to try and get some more footage tomorrow.I also told him to turn the neighbour water off if he suspects he put the water back on.  I just don't understand how some people can be like this.  

daivid

paye said:

..I also told him to turn the neighbour water off...

This is terrible advice, and could land your brother in hot water. Seek access for remedial work (as entitled to) then proceed from there. Given the current situation a formal approach will be needed, seek the services of a solicitor or possibly CAB to draft a letter requesting access as the first step. There will be no quick fix to the mould you've shown (the room will need to dry out) so doing things right if a little slower to start will save time in the long run.

welshmoneylover

I really have no advise to give ; I just want to say that this is such a bizarre scenario that I have read anything like it before.
good luck and keep the updates coming in

Rosa_Damascena

A_Lert said:

Your claims come across as paranoid and delusional. I'm not saying it's not true but I think nobody you speak to is going to believe you.

So focus on what you can prove. You do have a severe damp problem on the wall, your neighbour has a structure that abuts it preventing you from seeing the exterior face, and they are being obstructive about the issue. Those are all solid facts.

But save the accusations that it's deliberate for when that becomes obvious to everyone, not merely 'obvious' to you.

I don't disagree with the message you are trying to convey - although I think this is a blunt statement -  but at the moment the OP and the poster are so close to the situation they cannot see the wood for the trees. Objectivity is the key and I think this is where the CAB can help. Anger will just cloud the argument.

Jeepers_Creepers

With every thread on here, we get only one side of a situation.

Unless, however, there's good reason to suspect that the poster is being a bit paranoid or unreasonable or there's a sense they might be contributing to the issue due to a bolshie attitude, for example (and there's been plenty of them on here), then replies are given on the basis that facts are being provided, and that the account is accurate.

Paye explained in their first post "The adjoining garage wall which is shared is part of my brother living space in his home but the continuous damp due to running water has caused the paint to peel off, plaster to come away and the wall wet to the touch. We believe the neighbour has setup a hose pipe which he turns on periodically to wet the walls in spite because his neighbour wants to build an extension but cannot build it unless the party wall to the garage is rebuilt. Because my brother refused the works, he has decided to damage the wall on purpose on the hope that it gets so bad the only option would be to rebuild the party wall to the garage so that his neighbour gets his extension." and this was accompanied by a photograph which does appear to show extensive damage caused by damp.

I cannot think of anything that could cause such seemingly sudden and extensive damage other than water being played directly onto the other side of that wall. Could be a burst pipe in that wall or flat ceiling, of course, but I'm assuming that Paye's bro has managed to discount this? Could even be self-sabotage, of course, but I think we need to assume it ain't...

On the basis, then, that Paye's account is accurate, and I cannot see any reason to doubt it - nothing sticks out as 'paranoid' to me, given the facts of the situation - then I am assuming that this neighbour is a borderline psycho. Either that, or so incredibly thick that he imagines he can actually get away with this - is so devoid of reason that he's convinced himself that what he's doing is 'fair enough'.

Paye's bro does not appear to have conclusive evidence so far, however. He has damp. He hears water. Something appears to be going on in the garage next door that the neighb is careful to keep secret.

Let's hope that the police do the right thing tomorrow, and insist on having a look inside.

If this turns out to be a wilful act of damage against Paye's bro', then I hope - strongly suggest - that his bro demands that charges of criminal damage are brought.

There is a chance that the police will - having caught him bang-to-rights - will just record the case, order a 'cease and desist', and then suggest mediation in order to resolve the impasse between the neighbours; "Oh, it's just a falling out having gone a bit too far...".

This is more than that. This is crazy behaviour. This is off-the-scale unreasonable. This is behaviour devoid of empathy. This neighb needs putting solidly back in his box, and the lid nailed down. He deserves nothing, no understanding, no magnanimity, no meeting half or even quarter way.

Then Paye's bro gets the builders in and sues. Once he wins - as he will - he gets the Sheriff's Office in to recoup the costs if needed - they'll strip him bare. Hopefully the neighb won't have any cash left to build his extension.

If this is what's going on... :-)

paye

Hi All,

Thank you for all your detailed replies, this is very much appreciated.

 Some further development on this issue, my brother climbed up on his converted garage roof today to look, and there it was, right in front of him. The Psycho neighbour next door has his hose pipe connected to his outside tap, the pipe runs across the underside of his garage roof and points directly at my brother wall. He recorded the footage today and will be showing it to the police tomorrow when they come and visit him. The local councillor has also got involved who will be contacting the various departments around the council tomorrow.  Insurance company will now also be getting involved shortly so hopefully the nightmare neighbour next door will be given a rude awakening very soon.   

Seems like the neighbour is desperate to build his side extension so thought this would be the only way to try and force my brother to knock half the side of his house down. I’m absolutely gobsmacked that someone has the audacity to do this. I would love to post a video of him being confronted by my brother  but for obvious reason I will not post this.

paye

Jeepers_Creepers said:

With every thread on here, we get only one side of a situation.

Unless, however, there's good reason to suspect that the poster is being a bit paranoid or unreasonable or there's a sense they might be contributing to the issue due to a bolshie attitude, for example (and there's been plenty of them on here), then replies are given on the basis that facts are being provided, and that the account is accurate.

Paye explained in their first post "The adjoining garage wall which is shared is part of my brother living space in his home but the continuous damp due to running water has caused the paint to peel off, plaster to come away and the wall wet to the touch. We believe the neighbour has setup a hose pipe which he turns on periodically to wet the walls in spite because his neighbour wants to build an extension but cannot build it unless the party wall to the garage is rebuilt. Because my brother refused the works, he has decided to damage the wall on purpose on the hope that it gets so bad the only option would be to rebuild the party wall to the garage so that his neighbour gets his extension." and this was accompanied by a photograph which does appear to show extensive damage caused by damp.

I cannot think of anything that could cause such seemingly sudden and extensive damage other than water being played directly onto the other side of that wall. Could be a burst pipe in that wall or flat ceiling, of course, but I'm assuming that Paye's bro has managed to discount this? Could even be self-sabotage, of course, but I think we need to assume it ain't...

On the basis, then, that Paye's account is accurate, and I cannot see any reason to doubt it - nothing sticks out as 'paranoid' to me, given the facts of the situation - then I am assuming that this neighbour is a borderline psycho. Either that, or so incredibly thick that he imagines he can actually get away with this - is so devoid of reason that he's convinced himself that what he's doing is 'fair enough'.

Paye's bro does not appear to have conclusive evidence so far, however. He has damp. He hears water. Something appears to be going on in the garage next door that the neighb is careful to keep secret.

Let's hope that the police do the right thing tomorrow, and insist on having a look inside.

If this turns out to be a wilful act of damage against Paye's bro', then I hope - strongly suggest - that his bro demands that charges of criminal damage are brought.

There is a chance that the police will - having caught him bang-to-rights - will just record the case, order a 'cease and desist', and then suggest mediation in order to resolve the impasse between the neighbours; "Oh, it's just a falling out having gone a bit too far...".

This is more than that. This is crazy behaviour. This is off-the-scale unreasonable. This is behaviour devoid of empathy. This neighb needs putting solidly back in his box, and the lid nailed down. He deserves nothing, no understanding, no magnanimity, no meeting half or even quarter way.

Then Paye's bro gets the builders in and sues. Once he wins - as he will - he gets the Sheriff's Office in to recoup the costs if needed - they'll strip him bare. Hopefully the neighb won't have any cash left to build his extension.

If this is what's going on... :-)

This all came about a few years ago when the neighbour was having a general conversation with my bro asking him if he would one day in the future consider building a double storey side extension, my bro did not think anything of this at the time and just said yes one day possibly, this was about 3 years ago. In that time his neighbour has built a 6m extension at the back of his house and the final bit to finish it off was to continue the extension around the side of the house which he cannot do without knocking down the side of my brother property.

 

My bro has two kids living with him, both under two's and one is premature baby.  My brother is not the sharpest of guys so the neighbour thought  he could take advantage of this. I also found out his neighbour has a brother who is a doctor and is currently living with him in an outbuilding at the back of his house. Quick search on the planning portal suggests he hasn’t got permission for this.

The guy is a looney, totally screwed up.