Water Streaming Out of Retaining Wall after Neighbours New Patio

DanDare999

markavfc2 said:

@Section62 thank you for the response. Is it worth me contacting the local council planning services dept and informing them?

I thought you only need planning for non permeable surfaces at the front of a property. 

Section62

DanDare999 said:

markavfc2 said:

@Section62 thank you for the response. Is it worth me contacting the local council planning services dept and informing them?

I thought you only need planning for non permeable surfaces at the front of a property. 

No, there are other circumstances where planning or listed building consent may be required.

markavfc2

Bendy_House said:

markavfc2 said:

Thanks for the reply @Bendy_House. The wall is definitely theirs yes and they acknowledge this. The reason I think it is related to the patio is that the issue has only started since the new patio was installed. We have had a lot of rain lately but we have also had plenty of rain in the 10 years previous I have been here and never had this issue before.

This is the layout.

And where does the run-off from the patio now go?

What was there before the new patio sections were added?

Anyhoo, I'd follow S62's advice, and also contact your LP. Do not state to the neighb or LP that the patio 'is' the cause, or even your 'suspicion' of this, because (a) we don't know, and (b) it doesn't really matter - the actual issue is the water and silt. Just state your observations of the increased flow observed since the patio was built, and your concerns of damage to your property.

Pleased the ownership of the wall is confirmed as theirs in your deeds - and presumably in your neighb's too?

The company who installed the patio told me they are diverting the water out towards the front of the property ( I know they aren't supposed to do this). Before there were paving slabs there but they were old so were quite permeable so I'd imagine some water was seeping into the ground. The area is now porcelain tiles with no gaps. 

I don't know what is in my neighbours deeds. When I raised the issue a few weeks ago they voluntarily said that they know the wall is theirs. It would be highly unusual if the person whose land is being retained wasn't responsible for the maintenance/repair of a retaining wall. 

Section62

markavfc2 said:

I don't know what is in my neighbours deeds. When I raised the issue a few weeks ago they voluntarily said that they know the wall is theirs. It would be highly unusual if the person whose land is being retained wasn't responsible for the maintenance/repair of a retaining wall. 

Not at all.  There is something of an urban myth that the person whose land is retained is responsible, but in practice it depends on what the deeds say, and also for whose benefit the levels of the land were altered.  For example, if the builder of your property dug down to level the plot then they(/you) may be the responsible party.

If you haven't seen the neighbour's deeds then your next step should be getting hold of a copy from LR and seeing what they say.

markavfc2

Section62 said:

markavfc2 said:

I don't know what is in my neighbours deeds. When I raised the issue a few weeks ago they voluntarily said that they know the wall is theirs. It would be highly unusual if the person whose land is being retained wasn't responsible for the maintenance/repair of a retaining wall. 

Not at all.  There is something of an urban myth that the person whose land is retained is responsible, but in practice it depends on what the deeds say, and also for whose benefit the levels of the land were altered.  For example, if the builder of your property dug down to level the plot then they(/you) may be the responsible party.

If you haven't seen the neighbour's deeds then your next step should be getting hold of a copy from LR and seeing what they say.

The top of the wall is at the level of the next doors neighbours patio/same level as their back door. It is clearly to their benefit otherwise they would walk out the back door and have a 6 foot drop. 

The neighbour voluntarily said they know it is their wall so perhaps they have already done as I have done and checked their deeds. Even if it was my wall the issue is gallons of water coming from the neighbouring property, through the wall onto my property. I can get rid of the water so whilst a pain that isn't my concern, my concern is the damage it is doing to the wall. 

I have dropped a letter round today and will await a response. I am hoping to get this sorted amicably and I am more than happy to help them.

DanDare999

markavfc2 said:

Section62 said:

markavfc2 said:

I don't know what is in my neighbours deeds. When I raised the issue a few weeks ago they voluntarily said that they know the wall is theirs. It would be highly unusual if the person whose land is being retained wasn't responsible for the maintenance/repair of a retaining wall. 

Not at all.  There is something of an urban myth that the person whose land is retained is responsible, but in practice it depends on what the deeds say, and also for whose benefit the levels of the land were altered.  For example, if the builder of your property dug down to level the plot then they(/you) may be the responsible party.

If you haven't seen the neighbour's deeds then your next step should be getting hold of a copy from LR and seeing what they say.

The top of the wall is at the level of the next doors neighbours patio/same level as their back door. It is clearly to their benefit otherwise they would walk out the back door and have a 6 foot drop. 

The neighbour voluntarily said they know it is their wall so perhaps they have already done as I have done and checked their deeds. Even if it was my wall the issue is gallons of water coming from the neighbouring property, through the wall onto my property. I can get rid of the water so whilst a pain that isn't my concern, my concern is the damage it is doing to the wall. 

I have dropped a letter round today and will await a response. I am hoping to get this sorted amicably and I am more than happy to help them.

It's not clear, who's to say you wouldn't have a 6 foot climb onto your garden without it?

markavfc2

DanDare999 said:

markavfc2 said:

Section62 said:

markavfc2 said:

I don't know what is in my neighbours deeds. When I raised the issue a few weeks ago they voluntarily said that they know the wall is theirs. It would be highly unusual if the person whose land is being retained wasn't responsible for the maintenance/repair of a retaining wall. 

Not at all.  There is something of an urban myth that the person whose land is retained is responsible, but in practice it depends on what the deeds say, and also for whose benefit the levels of the land were altered.  For example, if the builder of your property dug down to level the plot then they(/you) may be the responsible party.

If you haven't seen the neighbour's deeds then your next step should be getting hold of a copy from LR and seeing what they say.

The top of the wall is at the level of the next doors neighbours patio/same level as their back door. It is clearly to their benefit otherwise they would walk out the back door and have a 6 foot drop. 

The neighbour voluntarily said they know it is their wall so perhaps they have already done as I have done and checked their deeds. Even if it was my wall the issue is gallons of water coming from the neighbouring property, through the wall onto my property. I can get rid of the water so whilst a pain that isn't my concern, my concern is the damage it is doing to the wall. 

I have dropped a letter round today and will await a response. I am hoping to get this sorted amicably and I am more than happy to help them.

It's not clear, who's to say you wouldn't have a 6 foot climb onto your garden without it?

True. The ownership of the wall isn't the issue here though. The issue is that there is water from my neighbours property streaming through the drainage holes, and mortar/any cracks in the wall, every time it rains. Gallons of it come through when it rains heavily. Damage is being done to the wall because of it.

Unbelievably when I spoke to the company who put in my neighbours new patio they suggested to me to stop the water streaming through the drain holes/weep holes in the wall by blocking them up. I'd imagine had I have followed that advice the wall would have collapsed by now due to hydrostatic pressure.

markavfc2

@Section62 I have attached a copy of the plan shown in my deeds. The wall in question is on the left edge as you look at the plan. Is it likely that my neighbours deeds would show the opposite of what mine does?

Section62

markavfc2 said:

Section62 I have attached a copy of the plan shown in my deeds. The wall in question is on the left edge as you look at the plan. Is it likely that my neighbours deeds would show the opposite of what mine does?

I don't see anything on that plan to represent the wall - is there a key or other explanation what the red and blue bordered areas are?

Is yours the one with the front side retaining wall doubled up?  Is there a reason why that was done?

markavfc2

Section62 said:

markavfc2 said:

Section62 I have attached a copy of the plan shown in my deeds. The wall in question is on the left edge as you look at the plan. Is it likely that my neighbours deeds would show the opposite of what mine does?

I don't see anything on that plan to represent the wall - is there a key or other explanation what the red and blue bordered areas are?

Is yours the one with the front side retaining wall doubled up?  Is there a reason why that was done?

I just read the deeds and the red and blue lines represent the drainage. The blue area at the back is a right of way.

I own the area shown in pink. I am not sure what you mean by the front side retaining wall doubled up?