Neighbours lean-to causing damp

[hicky]

I have an end terrace(rendered) and my neighbour has a lean-to that slops towards my house. It is attatched front and rear to my wall, along the length within the structure is an airgap wall that gives about 4inch gap from my wall(gable end) to the internal wall of the structure. The guttering is in shocking repair(knackered) so water runs off the wall and down this airgap.

Obviously I cannot in no way shape of form get to the wall to make any repair or maintanence(even if I had permission to enter her lean to) bcause of the airgap wall.

A year ago I approached her to go halfs on knocking this down as it was in a poor state of repair and making good both of our walls for render and blocking the front with a gate for security. This was refused so we got the council enviromental health involved(unsure which dept to go to) they had building control come out to asses the fire risk.

6months later I'm no where my neighbour got her brother to pay for the front and rear to be recovered(by a builder) so it looks more attractive, the guttering hasnt been touched and now winter is onsetting I'm getting damp through the new decorating on that wall.

I now have got the dept boss involved of the enviromental dept and I've been told all they can do is issue a guttering repair nothing more and I'll have to go to a solicitor.

I have a DPC with a guarentee with 10years remaining, the previous owner said he'd had no end of problems with her but the house was a steal for the price.

Apart from solicitors what direction can I take officially? What does the party wall act say ref this?

[stuart noble]

Any chance of a picture?

[dennis]

Can you slip some sheet material down to redirect the water onto her wall?

She will soon fix it if its her house getting wet.

[hicky]

Not sure how to attatch a picture. I couldnt slip anything down the wall because the only opening is at the top and that has the guttering covering the gap and the roof is aspestos or looks it. Her wall wouldnt get wet or her house wouldnt because the leanto is just a utility/shed type and slopes away from her house towards mine. She very rarely lives in there anyway.

[teddysnips]

Upload a picture to Flickr or another picture hosting site, and post the link here.

Edward

[terry]

Is there any way you could poke down or hang or drape a sheet of heavy plastic down outside your wall so that the water goes to ground at bottom? Not drip/run onto your wall (Think have got the picture correct).

Might look like hell and flap around in the wind etc. but you can claim that you are, in accordance with terms of your home insurance policy by taking measures to prevent further damage and thereby reduce possible costs to the both your insurance company and that of the neighbour.

If, for example serious damage ensued, as it would here due to freezing of the moisture, the insurance companies should be on your side for remedial action to be taken by the causing party?

After all by insuring both homeowners the insurers have accepted the risks? While you probably want to avoid even a hint of claim, because of 'deductible' if your insurance agent is a friendly type you may get good advice. Good luck.

PS. Our neighours are over 100 feet away one side and about 40 on t'other! And daughter's house behind us is about 60 feet away. I have one small shed attached to back wall of house with it's roof slighly sloping in two directions away from house wall.

[Joker7]

To restore balance to the world hicky wrote in [e-mail]

Could you not come to some arrangement an get the gutter repaired!

Chris

[mail]

Dear Hicky

What you are suffering is a nuicance in law. You are entited to peaceful enjoyment of your house without nuicance my pro bono advice (you indemify - I give it free) is as follows:

Tell her that the gutter state and design is causing water to penetrate your house and that this is causing damage to decorations and possible heath risks. Could she please fix the gutter within a week? After a week confirm what you said in writing by recorded delivery letter to the address she lives in the rest of the time or to her if she is there. give her a furthe week

After that week send another letter saying it is clear she is not going to do this and if this is a case of financial hardship that you offer to pay for it yourself and get three quotes and she can take which ever one she wants provided that she agrees to the work being done within 7 days of acceptance of the quote and undertakes to provide unencumbered access to the builder she has chosed form the list of three you have got to quote.

When she refuses this offer (which will be far cheaper than going to a solicitor) write and state that the offer is now withdrawn and she is causing a nuicance and that you are putting her on notice that you shall take the following action She has 7 days to fix it herself or you will have the inside of your house replastered with a tanking specification to hold back the water and have it re decorated. this will costs x thousand =A3 (get a quote) and that you shall be taking her to the County court as a litigant in person (limited costs) or if you can on legal aid for the cost of these works in advance of them being done.

an alternative is to ask the court to curtail her nuisance and get her do to the guttering (this is a much better route but you will have to reaseach how to do this with the county court as a loss has not been quantified and the head of action requires some legal input. What ever you do dont pay a solicitor do anything other than lead you in the right direction

Good luck

Chris G

[Walt]

hicky wrote in news:2c7af92e-cffd-4547-9037- [e-mail]:

Check all your insurances and union etc. memberships for legal expenses cover. If you have this, contact them and take their advice about your legal options.

Walt.