Neighbour's raised flower bed causing damp problems

CharlieLondonUK

My neighbour has a raised flower bed along the rear bathroom extension of my Victorian terraced house. Not surprisingly, this is causing a huge amount of damp problems. Up until recently the whole of that walI felt damp to the touch, with any paint peeling off. On the advice of an independent damp proof consultant, I therefore got a builder to fit a damp proof membrane along my side of the wall, which he then plastered and tiled on top. However, this has simply caused the water to trickle down inside and collect in a large pool that then seeps underneath the floor tiles, into the hallway and up the plastered walls. 

My neighbour refuses to acknowledge that the problem is anything to do with him and also refused to let the damp proof consultant inspect his side of the wall. I would be very grateful if anyone has any advice, including where I stand legally and what action I can take against the neighbour. 

tacpot12

If you have home insurance, check to see if you have legal expenses cover. You can get legal advice from the legal helpline provided by your insurer if you have this cover. 

canaldumidi

Seems like very poor advice from the consultant.  The only reliable solution is to reduce the ground level externally (ie neighbour's flowerbed) to below the dampproof course.

If the neighbour is uncooperative, and refuses to allow inspection and/or accept responsibility, the next step is a letter clearly setting out liability. It might be worth this coming from a solicitor.

Having said that, if there's any way to resolve amicably, try all avenues for this first.

Doozergirl

canaldumidi said:

Seems like very poor advice from the consultant.  The only reliable solution is to reduce the ground level externally (ie neighbour's flowerbed) to below the dampproof course.

If the neighbour is uncooperative, and refuses to allow inspection and/or accept responsibility, the next step is a letter clearly setting out liability. It might be worth this coming from a solicitor.

Having said that, if there's any way to resolve amicably, try all avenues for this first.

I agree with this.  The solution is obvious and a simple one.  It doesn't need a damp consultant - he's put something wet against your wall. 

If this is your wall, your neighbour shouldn't be putting anything against it at all.  

It needs a solicitor's letter if he refuses to speak to you.  The responsibility is entirely his.   I'm already amazed that you've paid for 'improvements' when there is only
one solution. 

Sometimes these issues are complicated when the overall ground levels are high, but you're saying that this is a deliberately placed raised bed.   It needs to go!

CharlieLondonUK

Thank you tacpot12, Canaldumidi and Doozergirl. All very useful advice. I think my next step is to contact my insurer’s legal expenses line to see where I stand, and then have a polite conversation with my neighbour to try and resolve things amicably. I’ll let you know how I get on.

Doozergirl

CharlieLondonUK said:

Thank you tacpot12, Canaldumidi and Doozergirl. All very useful advice. I think my next step is to contact my insurer’s legal expenses line to see where I stand, and then have a polite conversation with my neighbour to try and resolve things amicably. I’ll let you know how I get on.

Please do.  Good luck!

Section62

CharlieLondonUK said:

I think my next step is to contact my insurer’s legal expenses line to see where I stand....

One question they might ask you is whether the flower bed was there before the extension.  Do you know this?

Your post implies that the flower bed has been built after your extension.  An exception to the good advice given is if the flower bed (or natural ground level) was at that height first.  In which case the liability situation is less clear cut - the builders of the extension should have made accommodation for the higher ground level on the neighbour's side.

That might be one way of explaining why the neighbour refuses to acknowledge that the problem is anything to do with him. (there are other less charitable ones though)

If the extension pre-dates your ownership of the property, and you don't know what the neighbour had in their garden at the time, then you may be able to find archived EA pictures on Zoopla or RM which show the previous arrangement.

grumbler

Doozergirl said:

canaldumidi said:

Seems like very poor advice from the consultant.  The only reliable solution is to reduce the ground level externally (ie neighbour's flowerbed) to below the dampproof course.

If the neighbour is uncooperative, and refuses to allow inspection and/or accept responsibility, the next step is a letter clearly setting out liability. It might be worth this coming from a solicitor.

Having said that, if there's any way to resolve amicably, try all avenues for this first.

It needs a solicitor's letter if he refuses to speak to you.

This may work or may be £200-£300 wasted. The letter can be ignored and in this case thousands will be needed for court actions.

Section62 said:

CharlieLondonUK said:

I think my next step is to contact my insurer’s legal expenses line to see where I stand....

One question they might ask you is whether the flower bed was there before the extension.  Do you know this?

If it was added later, another question is "when". If it was a different insurer that time, then the help can be rejected on the grounds of 'pre-existing condition' excuse.

macman

You've presumably already had a polite conversation with him. Result; he refused to admit any liability, and refused your contractor access to inspect his side of the wall. So I'd suggest that your next step is an impolite letter to him, in the form of an LBA, followed by small claims process 14 days later if he does not comply with your perfectly reasonable request to remove the source of the damp. You can do this yourself, no need for a solicitor at this stage.
Do however bear in mind that, once it goes to a formal dispute, this must be declared at a future date should you be selling the house.

grumbler

macman said:

...followed by small claims process 14 days later if he does not comply with your perfectly reasonable request to remove the source of the damp.

I can be wrong, but I think this isn't a matter that can be considered by a small claims court.

Section62

macman said:

So I'd suggest that your next step is an impolite letter to him, in the form of an LBA...

Any letter before action/claim should be polite.  If anything more polite than the usual communication you have with the person you intend to claim against.

If the case gets before a judge they will want to see a genuine and sincere attempt to reach an amicable resolution before resorting to the law.

An impolite LBA may give the impression of attempting to wind the defendant up and/or an insincere attempt at settlement.