Dispute with Neighbour
CherryOrchard
Posts: 4
My neighbour has I am reliably informed during the past 2-3 years raised the level of his garden / drive way by 3-4 feet by stacking earth directly against the boundary. The boundary wall is my ground floor level and is my dining room and sitting room which are both damp. There is water coming in at the level of my ceiling where the earth has been stacked. As far as I am aware he did not make any provision for drainage. I only moved in in October. Less than 10 days after I moved in he built a shed up against my wall (not touching) without first asking whether I wanted to do any maintenance and without removing ivy which has now reached the fascia board and guttering which is causing further problems. I understand the ivy is trespassing on my property as he has no rights to the boundary wall. Is the earth also trespassing? Can anybody help. I am single and dealing with this by myself is overwhelming.
Posts
He is causing a nuisance in law by raising soil above the level of your damp course. He should have built a retaining wall on his side. Point out the problems it is causing, but if he will do nothing to rectify it, you will have to go down the legal route, starting with getting a solicitor to send a letter asking him to recify it. My neighbour altered the levels of their garden, and I ended up with a flooded garage. I pointed it out, and they built a soakaway to sort the problem. Always try talking first.
Your surveyor should have picked this up, and the people selling to you should also have pointed it out.
First you need to try to speak to him and explain that his garden works are causing damp in your house. He may not be aware of the problem and you should always try negotiation first. Especially as you are on your own, it would be better to try to keep relations between your houses at least civil. Don't assume he's doing it to annoy you. He may be thoughtless rather than malicious - it's far more likely. He may even have done something to prevent the problem and be unaware that it hasn't worked.
Did your surveyor mention the problem when you bought the house?
Ultimately, if he won't take steps to help when you ask nicely, you can escalate the matter through first writing a letter, then getting a solicitor to write a letter and ultimately you can sue for damages. But for any of those to happen you need a building surveyor's report confirming that there is a problem and that his work has caused it.
“It's still magic even if you know how it's done.”
Negligence on all fronts there CherryO - particularly the surveyor
Fidget's right - get yourself a lawyer, and get them to quiz the selling agent about the survey and the surveyor. Push for compensation as well. I assume you have buildings/contents insurance too? Perhaps give them a phone and see what they say.
Good luck - keep at them, and don't assume when they (lawyers) say they'll deal with it, that they actually are. Email regularly asking for updates. You have to project manage everything yourself nowadays.
I live in west central Scotland - not where that photo is...
Thank you all for your replies. Unfortunately this neighbour has been extremely unpleasant since the day I moved in last year. His wife in particular is hostile. I am not prepared to expose myself to any further abuse when all I want to do is maintain my home. They think I have an attitude problem because I have referred to the 1992 Access to Neighbouring Land Act. I am in touch with a solicitor and my insurers with regards to the trespassing ivy; the issue of the raised land being a contributing factor to the damp was only mentioned - by my current builder and 2 other contractors - more recently. I didn't have a full structural survey at the time of purchase on this property. I looked round with the builder who I was planning to use to do some work here. I was unaware that he had raised the level of his driveway by that much.
If you are on your own and have no-one to ask, you could try your local Citizens Advice Bureau. Someone there should be able to talk you through the options and the processes involved and may be able to suggest local solicitors who handle such issues.
My insurers have said with regards to the ivy that I have to write and put him under formal notice that he has to remove it within a reasonable timeframe and if he does not take action then he will be liable for any further damage that it causes - although not any damage to date - I assume that the same will apply to the level of the earth / driveway although this is more complex as there will be a considerable amount of work that he needs to do to provide for adequate drainage which will include moving two walls he has built at right angles to my boundary wall, decking that runs between them and the shed he has built on top
My insurers have said they will support me if I have more than a 50% chance of winning
Get a structural engineer or a surveyor then. You need a formal report on the problem and its causes. Either your solicitor or a local Estate Agent should be able to suggest a surveyor or you can find a structural engineer in yellow pages, usually.
Don't let it stress you out. You are in the right, you have no reason to worry. It'll get resolved in time - it just all takes time. You're obviously not going to be bullied - good for you. It's a horrible thing to go through - neighbour disputes. We've had a few Nutters-Next-Door in various places. Most bullies are only brave at a distance.
“It's still magic even if you know how it's done.”
As a single parent, I know there are definitely some people (and not just men) who see that as an easy target, and would never dare behave, or speak to you, the way they do if there was a man around.
Not having a full survey was a mistake though, but what's done is done, so you'll have to make the best of it and go from where you are.
You sound very able CherryO - so get on the case on Monday and show 'em you're no pushover
I live in west central Scotland - not where that photo is...
Any problems affecting the property and neighbour problems should have been declared by the vendors. You need to check with whoever carried out your conveyancing to see if they did. Whether or not there is an issue with the surveyor will depend on they type of survey requested. If it was simply the basic valuation required by the banks and building societies, there would be no requirement for the surveyor to comment on the soil level of adjoining properties. The damp probably should have been reported as that would have an effect on the property value.