Neighbour's raised flower bed causing damp problems

CharlieLondonUK

stuart45 said:

Have you got solid or cavity walls?

Solid brick walls.

CharlieLondonUK

youth_leader said:

I remember selling my house and my neighbour knocked to tell me that my staircase wall in their garden so was damaged it would seriously affect my selling price.  Told me almost gleefully, I did feel upset.  I was semi detached to them in an L shape, and they'd planted bushes under the staircase, along the front of my house wall which faced into their garden.  When they'd cut their bushes back, all the lime and mortar had rotted away between the huge sandstone blocks.  Luckily my surveyor was coming that day and I was relieved to find it was only a skim layer of stone, but their attitude shook me, no apology at all for a situation that could have cost me thousands. 

I feel the same. The neighbour has absolutely no concern for the damp problem he's causing in my house. He's only interested in his plants.

CharlieLondonUK

Ectophile said:

SuperHung said:

Need some pictures, not sure how a flower bed can cause so much water damage to your house unless your neighbour is watering it 24/7.

If the soil level is above the damp proof course on the wall, then the wall will get soaked every time it rains. It may then stay damp for days after.

Please see picture posted. Though from what I can tell, there never has been a damp proof course.

Doozergirl

CharlieLondonUK said:

Ectophile said:

SuperHung said:

Need some pictures, not sure how a flower bed can cause so much water damage to your house unless your neighbour is watering it 24/7.

If the soil level is above the damp proof course on the wall, then the wall will get soaked every time it rains. It may then stay damp for days after.

Please see picture posted. Though from what I can tell, there never has been a damp proof course.

It doesn't really matter if there was or not, it's clearly well above where one would be. 

I think you need to send the letter and keep your fingers crossed.  The brickwork needs to come out and he needs to have a normal flower bed, like everyone else.  It's not about the occasional rain soaking, it is earth permanently against your wall, constantly damp and leaching through your wall.   It's already cost you money.  Even a membrane against the wall on his side is not enough, the wall needs to breathe.  

I'd be absolutely livid.   He certainly wouldn't like it if the boot were on the other foot.  He doesn't seem to know how walls work at all.   Can you show him evidence inside and ask how he would feel if it were his house? 

CharlieLondonUK

Doozergirl said:

CharlieLondonUK said:

Ectophile said:

SuperHung said:

Need some pictures, not sure how a flower bed can cause so much water damage to your house unless your neighbour is watering it 24/7.

If the soil level is above the damp proof course on the wall, then the wall will get soaked every time it rains. It may then stay damp for days after.

Please see picture posted. Though from what I can tell, there never has been a damp proof course.

It doesn't really matter if there was or not, it's clearly well above where one would be. 

I think you need to send the letter and keep your fingers crossed.  The brickwork needs to come out and he needs to have a normal flower bed, like everyone else.  It's not about the occasional rain soaking, it is earth permanently against your wall, constantly damp and leaching through your wall.   It's already cost you money.  Even a membrane against the wall on his side is not enough, the wall needs to breathe.  

I'd be absolutely livid.   He certainly wouldn't like it if the boot were on the other foot.  He doesn't seem to know how walls work at all.   Can you show him evidence inside and ask how he would feel if it were his house? 

Thanks Doozergirl. I am livid with him. I've been telling him for the past 3 years that I have a damp problem with that wall. And it was only when I saw the recent estate agents pictures as he put his home the market, that I realised he had a planter there.

I think you're right. He's not a reasonable person, so I will need to send him the letter.

thegreenone

If he's selling up, why is he so attached to the planter?  It won't be his soon!

Perfectly reasonable to suggest he 'pots up' the plants ready for a move and you/he can empty the planter of soil and get the necessary works done.

theoretica

He is selling?  So contact the estate agent and ask if he has declared a dispute, but of course you are reasonable and it could be sorted and not an issue for the buyers...

Bendy_House

If they are selling up, now is the time to act - without delay;

a) you have nothing to lose by annoying them...

b) you don't want to start your new neighbourly relations with a potential dispute.

Follow the correct procedure - there's lots of advice on the CAB and Which websites, for example.

Worth also looking at the 'pre-action protocol', as you will be expected to have followed this should it escalate to an actual claim. In essence, if you do all the 'right' things, and the 3rd party doesn't respond properly, then they are already in a much weakened position should it go 'legal'.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

The claimant writes to the defendant with concise details of the claim. The letter should include the basis on which the claim is made (the damage reported by the surveyor, the repairs already carried out, the photo of the trough which must be - what? - 450mm high?!), a summary of the facts, what the claimant wants from the defendant (remove it asap), and if money, how the amount is calculated (I guess no claim for financial damages involved at this stage? That could be a good lever, tho' - if you are happy with them just removing this trough, then tell them so. If they do not, then you will be launching a claim for damages). Give the defendant a reasonable time to respond - 14 days is fine in a straight forward case like this (all they have to do is say "Ok!")

Once sent, email (so you have a record) the EA, tell them who you are, and that you've just sent a LBA to the vendor.

Doozergirl

CharlieLondonUK said:

Doozergirl said:

CharlieLondonUK said:

Ectophile said:

SuperHung said:

Need some pictures, not sure how a flower bed can cause so much water damage to your house unless your neighbour is watering it 24/7.

If the soil level is above the damp proof course on the wall, then the wall will get soaked every time it rains. It may then stay damp for days after.

Please see picture posted. Though from what I can tell, there never has been a damp proof course.

It doesn't really matter if there was or not, it's clearly well above where one would be. 

I think you need to send the letter and keep your fingers crossed.  The brickwork needs to come out and he needs to have a normal flower bed, like everyone else.  It's not about the occasional rain soaking, it is earth permanently against your wall, constantly damp and leaching through your wall.   It's already cost you money.  Even a membrane against the wall on his side is not enough, the wall needs to breathe.  

I'd be absolutely livid.   He certainly wouldn't like it if the boot were on the other foot.  He doesn't seem to know how walls work at all.   Can you show him evidence inside and ask how he would feel if it were his house? 

Thanks Doozergirl. I am livid with him. I've been telling him for the past 3 years that I have a damp problem with that wall. And it was only when I saw the recent estate agents pictures as he put his home the market, that I realised he had a planter there.

I think you're right. He's not a reasonable person, so I will need to send him the letter.

He's selling?? 

That does give you the upper hand!  

There is a question in the Sellers property Information Form that specifically asks if there are any disputes or any possible
disputes regarding the property! It has to be answered truthfully.  

You send your letter, signed-for to next door and send a copy to
his estate agent.   Your letter needs to state very clearly and concisely that you have been asking him politely to remove the planter for the last three years but that this letter now constitutes a dispute which he is bound by law to reveal to his buyers unless he rectifies the situation. 

It is the price of a skip and a day's labour and this should stir him into action.   If he does nothing, lies and doesn't declare it then his buyers can sue him as you will have signed-for evidence that your letter went to both him and his agent.  Simple as.  His estate agents will also be in trouble as they need to declare any problems that they know about.   

Take this opportunity with both hands, right now!!  

Section62

CharlieLondonUK said:

The neighbour claims that the planter was there when he moved in about 8 years ago. However, he has obviously added another layer or bricks to increase the depth so that he could make more substantial plantings.

The key words in Bendy's post are "a summary of the facts".

In other words, if you are going down a legal route (which includes disrupting the sale of the property by declaring a dispute) then you need your claims to be backed up with facts that can be proved or demonstrated beyond reasonable doubt.

Looking at that picture I can't see any obvious evidence that another layer of bricks has been added to the planter.  The weathering/patina looks consistent over the whole wall as if it were all built at the same time. Do you have photographs showing the wall without the top layer you are saying has been added?

The reason for that is if you make that claim and it isn't true, it can weaken your case, and possibly turn what was otherwise a good chance of winning into a (potentially expensive) loss.

I also can't see any evidence from that picture whether the original ground level is the soil at the top, or the patio at the bottom.  Like I suggested in my previous post - it is easy to assume that the flower bed/planter has been built up to that level, but if you are contemplating legal action then you need to be far more certain about how this situation has arisen.  What was the ground level like when the extension was built?

You need some help from an expert who can take measurements of levels and provide you with a report that you could rely on in court.  Sadly the opinions from knowledgeable people on the internet who've just seen a picture if it won't count for much.

If you can talk to the neighbour and get them to agree to remove the soil then all well and good.  But don't start a 'legal' process unless you are confident you can win, and can afford it if you lose.