The only cure will be to lower the soil level on the other side. Usually the threat of being landed with the bill for the damage will bring him in line. Good luck.
Everyone seems to be jumping against the neighbour.
Stop.
If the extension was built right up to the boundary by the last owners (which is not normally allowed due to issues like this) then it is entirely possible that next doors garden is the level your garden used to be. How would you like to be told to lower part of your garden as next door has built an extension?
Legally they should have been served notice that the extension was being built up to the boundary party wall and would have had the right to veto: if permission was ever sought...so tread carefully.
If we are talking about extension built using part of an old garden wall instead of building a new wall, then there is no wonder that there are water ingress problems as it will not have been designed to be an internal wall.
This can only be sorted out by a surveyor. Gail mentions another damp specialist visiting on Thursday. I have rather a jaundiced view of damp specialists, especially where stone-built properties are concerned.
You have a very good point, blairs. In fact, the problem may be even more complicated if both houses have been bought and sold since the extension was put up.
Party wall awards must have been signed unless the extension is really ancient, and both sets of solicitors might have had sight of them during the sale of the house.They would have outlined the state of the gardens and houses before work was done and any "creep" of soil would then be dateable.
I agree completely about damp proofing. We had a similar problem but fortunately the problem was caused by our own garden level. Huge costs spelled out by companies to "fix" the damp. One pick, one shovel and one wheelbarrow later, no damp.
Tanking would only solve the internal damp. It would not address the issue of the external brickwork, the ceiling and the rafters.
Interesting thread. Gail - did you have all the correct certification for the extension when you bought the house? I know English law is often different from up here but any extension requires signing off by Building Control and it's often the cause of delays in house sales here because that type of thing hasn't been done. Your solicitor should have requested and obtained all the necessary paperwork for you when you were buying. I think my first port of call would be the lawyer to get some clarification. Surveyors are also inclined to be very cautious so his report needs careful checking too as I find it odd if he was so ready to pass the building as sound. From your description of the neighbour's reaction - I wonder if he knows he shouldn't have put beds and borders against the wall and is worried about what may now happen.
I'd agree with the others about the damp proofing - these companies are interested in selling you their product. Nothing else.
It's a place where beautiful isn't enough of a word....
I live in west central Scotland - not where that photo is...
Many thanks everyone for your help, I appreciate it. The surveyor reckons the kitchen extension was built in the early 20th century, so we don't have any paperwork for it. On our solicitor's advice we paid for indemnity insurance against any alterations without guarantees, in case anything went wrong with the work. Looks like we might be needing it:-; I phoned our buildings insurer, and we don't have legal cover. I think we'll get another structural surveyor around to see what can be done, it's a bit beyond me:-; Thanks again everyone for all your help and advice.
If the extension was built 100 years ago (early 20th century) I don't think you have any realistic chance of proving whether or not the neighbour's ground level has been raised since that time. Even if it has, and your wall forms the boundary line I don't know if you have any legal sanction against him.
I'm certainly no expert but from avidly watching many home improvement programmes I think the tanking option has to be worth investigation. If it can completely damp-proof a cellar it should be able to sort out one wall. It's possible a moisture barrier will also need to be installed to prevent damp attacking the ceiling.
Tanking, as suggested above, may be the solution. We had a property with a garage wall shared with a neighbours garden, that is, the wall retained all one side of his garden. His land was right up to the garage wall all the way along.
We never had a problem with damp, maybe try this first?
Posts
The only cure will be to lower the soil level on the other side. Usually the threat of being landed with the bill for the damage will bring him in line. Good luck.
Would tanking help? It might need a dpc somewhere as well.
Everyone seems to be jumping against the neighbour.
Stop.
If the extension was built right up to the boundary by the last owners (which is not normally allowed due to issues like this) then it is entirely possible that next doors garden is the level your garden used to be. How would you like to be told to lower part of your garden as next door has built an extension?
Legally they should have been served notice that the extension was being built up to the boundary party wall and would have had the right to veto: if permission was ever sought...so tread carefully.
If we are talking about extension built using part of an old garden wall instead of building a new wall, then there is no wonder that there are water ingress problems as it will not have been designed to be an internal wall.
http://www.plasterersforum.com/plasterers-forums-information-guides/29663-tanking-what-when-apply.html
A tanking link as an example.
This can only be sorted out by a surveyor. Gail mentions another damp specialist visiting on Thursday. I have rather a jaundiced view of damp specialists, especially where stone-built properties are concerned.
You have a very good point, blairs. In fact, the problem may be even more complicated if both houses have been bought and sold since the extension was put up.
Party wall awards must have been signed unless the extension is really ancient, and both sets of solicitors might have had sight of them during the sale of the house.They would have outlined the state of the gardens and houses before work was done and any "creep" of soil would then be dateable.
I agree completely about damp proofing. We had a similar problem but fortunately the problem was caused by our own garden level. Huge costs spelled out by companies to "fix" the damp. One pick, one shovel and one wheelbarrow later, no damp.
Tanking would only solve the internal damp. It would not address the issue of the external brickwork, the ceiling and the rafters.
Interesting thread. Gail - did you have all the correct certification for the extension when you bought the house? I know English law is often different from up here but any extension requires signing off by Building Control and it's often the cause of delays in house sales here because that type of thing hasn't been done. Your solicitor should have requested and obtained all the necessary paperwork for you when you were buying. I think my first port of call would be the lawyer to get some clarification. Surveyors are also inclined to be very cautious so his report needs careful checking too as I find it odd if he was so ready to pass the building as sound. From your description of the neighbour's reaction - I wonder if he knows he shouldn't have put beds and borders against the wall and is worried about what may now happen.
I'd agree with the others about the damp proofing - these companies are interested in selling you their product. Nothing else.
I live in west central Scotland - not where that photo is...
Many thanks everyone for your help, I appreciate it. The surveyor reckons the kitchen extension was built in the early 20th century, so we don't have any paperwork for it. On our solicitor's advice we paid for indemnity insurance against any alterations without guarantees, in case anything went wrong with the work. Looks like we might be needing it:-; I phoned our buildings insurer, and we don't have legal cover. I think we'll get another structural surveyor around to see what can be done, it's a bit beyond me:-; Thanks again everyone for all your help and advice.
If the extension was built 100 years ago (early 20th century) I don't think you have any realistic chance of proving whether or not the neighbour's ground level has been raised since that time. Even if it has, and your wall forms the boundary line I don't know if you have any legal sanction against him.
I'm certainly no expert but from avidly watching many home improvement programmes I think the tanking option has to be worth investigation. If it can completely damp-proof a cellar it should be able to sort out one wall. It's possible a moisture barrier will also need to be installed to prevent damp attacking the ceiling.
Tanking, as suggested above, may be the solution. We had a property with a garage wall shared with a neighbours garden, that is, the wall retained all one side of his garden. His land was right up to the garage wall all the way along.
We never had a problem with damp, maybe try this first?