Proof of damage

Futterfly

My neighbour damaged my property and caused cracks along party wall during their extensive renovation. Iv had 2 surveys done to show it possible that they are responsible. 5 years and nothing is being done as the neighbour keeps saying that I should prove that it was their acts that caused the ongoing cracks. I have had solicitors involve but the neighbour ignores  letters.  I now cannot afford to keep a solicitor. How else can I prove without having to fork out money which I cannot afford. Would it be worth taking money out on my property to take legal action. My currant insurance wont get involve. ? 

Van_Girl

Why won't your insurance company handle this, it should be their department really?

Ectophile

Under the Limitation Act, you only have 6 years to claim against the neighbour - unless you're in Scotland when it's only 5 years.  If the neighbour succeeds in dragging this out much longer then they win, because you can't legally claim damages any more.

If the surveyors only say that it's possible that the neighbour is responsible, then your claim would go nowhere.  You need evidence that it's most likely to have been caused by the neighbour.

Whether or not it's worth doing anything depends on what cracks these are.  Little cracks in the plaster, or the whole building is about to fall down.

Futterfly

Thanks you! The cracks appeared during the renovation from one room along party to the next room. they filled it in. The same cracks re-emerged and getting slightly bigger 1/2 year later  but my insurer wants me to claim back from previous insurers from the first time it happened. I don't think I was insured at the time as Id just moved into the property. So this should be a new claim dating from 2017. this still gives me time to pursue the neighbour. Iv was given wrong advise from council and citizen from the beginning. I have tried  with solicitors as the neighbour said they wouldn't engage unless it was through solicitors but neighbours were dragging and wont respond . I have no money left to fight which is unfair...I am about to make a  claim but need £500 to do this...I feel the  neighbour are  covering up cracks on their side as each year they are having repairs done.as the cracks gets wider on my side.. One builder told me recently there are crack in the kitchen area.   How can I prove this? Even if I filled in cracks and they come back it will cost me to get engineer to look at the problem.. Iv done nothing wrong! The neighbour didn't serve party notice.  I'm on a pension and a carer for my daughter. I will also now  have problem selling .How is this fair?. Can I get some help with this. 

DB1904

Futterfly said:

Thanks you! The cracks appeared during the renovation from one room along party to the next room. they filled it in. The same cracks re-emerged and getting slightly bigger 1/2 year later  but my insurer wants me to claim back from previous insurers from the first time it happened. I don't think I was insured at the time as Id just moved into the property. So this should be a new claim dating from 2017. this still gives me time to pursue the neighbour. Iv was given wrong advise from council and citizen from the beginning. I have tried  with solicitors as the neighbour said they wouldn't engage unless it was through solicitors but neighbours were dragging and wont respond . I have no money left to fight which is unfair...I am about to make a  claim but need £500 to do this...I feel the  neighbour are  covering up cracks on their side as each year they are having repairs done.as the cracks gets wider on my side.. One builder told me recently there are crack in the kitchen area.   How can I prove this? Even if I filled in cracks and they come back it will cost me to get engineer to look at the problem.. Iv done nothing wrong! The neighbour didn't serve party notice.  I'm on a pension and a carer for my daughter. I will also now  have problem selling .How is this fair?. Can I get some help with this. 

When was the first damage caused? To reset the clock to new damage in 2017 you'll need to evidence the original damage was repaired correctly and there was a new act by the neighbour that caused damage. 

Ectophile

Life isn't fair.

If you want to persue this, you need a structural surveyor to find out what is actually causing the problems.  Vague "it might have been the neighbours" is useless.

If it's a new problem, claim off the insurance.

If it was the neighbours, then you'd have to sue them.  That will cost money.  They have already learned that ignoring solicitors letters is a good idea, since you won't follow through.  You actually have to gather the evidence and take them to court.

bris

You can.t claim for past damage from a new insurer, it would be like insurening your car after it was stolen.

You will find it hard to claim against a neighbour as it's almost impossible to prove. Movement happens and any reports you get your neighbour can get his own to cancel them out.

This is a money pit that will go nowhere, stop spending now as the deeper you go the more you spend until there is nothing left.

This type of neighbour dispute has cost many people their life savings and more, the only winners are your solicitors.

[Deleted User]

I agree with what has been said above. Don’t keep throwing good money after bad. The legal system works on solid proof and not maybe’s. The earth your property is standing on is around 4 billion years old so movement cracks are a reality.

Sorry to sound so blunt and Merry Christmas 🎄

FaceHead

The question is not whether it is possible, but whether it is probable.

You have two surveyors reports. If they say that the damage was probably caused by the neighbour's work, send the letter before action and file the money claim online 28 days later. Cost is 5% of the claim, so some hundreds of £'s.

If the surveyors have told you that the neighbour's works probably didn't cause the damage (but possibly did) then you have no claim against them (they probably didn't do anything to harm you) and get on with your life.

Whether or not you have a claim, it sounds like you need to get the problem fixed - and knowing the cost of fixing it will be helpful for you claim (if you have one)

casper_gutman

[Deleted User] said:

The legal system works on solid proof and not maybe’s.

The criminal courts work on the basis of solid proof (beyond reasonable doubt), but many other areas work on the basis of the balance of probabilities, which is to say "more likely than not".

This is more than "maybe", but possibly only a fraction more.

AAZ

Can you share the paragraph of your surveyor report which says that it is caused by neighbour extension... Were they RICS registered surveyor ?