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CanDitch

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  1. Thanks for replying... I’ll be sure to ask what other remedies they’ve explored from their side of the wall as they’ve not mentioned anything other than using tanking slurry on the internal wall which their builder has said is a waste of time. No easement that I am aware of. You’ll have to forgive my ignorance but would an easement for the overhanging guttering mean that access must be permitted to allow for maintenance? Because we’re more than happy to allow access for this. Or can they make a claim on the land below the guttering?
  2. Thank you both so much, you’re replies have been incredibly helpful. The wall belongs to the neighbour and I do feel any excavation is going to create more problems for our neighbour than they’re set to fix. Not to mention I’m very concerned that any issues to our property that could potentially arise, although protected by the PWA, feels like an unwanted nightmare I don’t want the worry of dealing with. We are keen to remain neighbourly and happy to grant access to have the wall re-pointed but there is a limit to how nice we can be about it! Thank you again so much, I’ve lost so much sleep over this so you may have helped me get some rest from now on! ??
  3. Hi Tony Thank you for your reply. Is there any scenario (other than the neighbour changing his mind) where we don’t allow this to happen? I understand the reasons for PWA but I don’t feel the risk to our property is worth it for trying to correct some damp in a single skin garage that’s set below our property level and when it’s not designed to be water-tight in the first place. Many thanks.
  4. Hi there I’ll seek some legal advice on this in due course but I’d really like some opinions on a predicament we find ourselves in. We moved into our 1950’s bungalow in August 2020 and our new neighbours next door moved into theirs about 2 weeks ago. Our road is on a slope and their property is lower down from us. They have recently started discussing damp issues in the extended part of their single-skim garage. Apparently these issues were picked up on their survey and the previous homeowner confirmed they’d been rectified. (It turns out they’d only partially bothered to correct some of the damp issues). The damp wall in question was built ‘over-hand’ and added to their existing garage at least 10-12 years ago, and isn’t in the best condition. This wall acts as the boundary between their garage and our side path. Our side path is much higher than the DPC in the garage due to the sloped road, and the wall has been built butt up to our retaining wall. The neighbour has discussed the damp issue with a builder, and the builders solution is to excavate on our side to below the DPC - which is over a metre deep at the deepest part and approx. 3m long, and apply the necessary membrane/pea shingle for drainage. The neighbour is keen not to involve party wall agreements but I’ve insisted if there is any excavation there must be a PWA as our lounge and conservatory walls are within a metre of where they want to excavate. I feel like excavating is a bit overkill for some damp in the corner of a single skin garage that was built by previous owners. I’m also not sure I want them excavating so close to my home, nor can I afford to lose out financially by paying for party wall surveyors and would hope this is at the neighbours cost but I get the impression this is on us to pay for and correct. The neighbour hinted at us contacting the previous owner of our home and getting some money from them - except he was 92 when he was moved to a care home and I believe he has since passed. But I don’t think this is warranted and the new neighbours should be taking it up with their solicitor and the previous homeowner...! I am so stressed, we are keen to keep neighbourly and approachable but we have so much renovation work to do on a tight budget, I can’t justify or afford paying for something that I don’t feel is our responsibility... Any thoughts are welcome
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