Neighbours resin drive attached to our property

[Becks1974]

Hello,

 

About 7/8 years ago my neighbours spruced up their existing driveway with a resin driveway - part of their driveway is attached to our enclosed side brick porch, they did this without our permission, the consequence of this is that they blocked up the drainage route for surface water when it rains which was in place prior to them constructing their new resin coating.  Therefore when it rains it just pools water with nowhere for it to drain, this is now causing damp issues in our porch.  The resin is about 2 inches thick and we have tried to chip away at it, to no avail - this over his boundary on to ours.  I have spoken to him a few times about removing this resin, but he refuses to do anything about it.  Does anybody know what sort of legal right we have to get him to remove this resin (after all it is attached to our building), and therefore prevent any further damp issues.  And if we are able to get him to remove it, would be part of any Party Wall acts?

 

Many thanks in advance

[Mr Punter]

This is not a Party Wall matter.

 

Did they lay the resin on your property?

 

They should not have surface water from their property pooling against your building.  This is a Civil matter.  It may be that your House insurance has legal cover and you can get a solicitor to send a letter.

[Becks1974]

Hello, yes they laid resin on our property right up to, and on our porch side wall. Probably lazy contractors not wanting to create an edge to their works and using our wall as the end of their resin (if that makes sense)

[Onoff]

Presumably their resin driveway is not at least 6" below your walls damp course?

 

Wait until they're out/on holiday, straight edge, petrol disc cutter and cut a foot wide French drain around your porch.

 

Got any pictures?

[jack]

7 or 8 years is a long time to leave something like this without action. It may be that your right to get them to do something about it themselves has expired, or may be perhaps more difficult to enforce.

 

I'd just write to them to confirm that the driveway is causing drainage problems and risks damaging your wall, and that you will therefore be removing the section of the the driveway on your property 14 days after the letter has been delivered. If he wants a different outcome or approach, he needs to let you know during that period. 

[epsilonGreedy]

Copied from the other duplicate thread, perhaps the Mods could remove that.

 

A photo would be useful. How far has the resin drive transgressed over the boundary? Can you be confident the original drainage that prevented your porch becoming damp was installed on your land? Could the neighbour claim that any prior conversation 8 years ago amounted to your permission to lay the resin over the boundary?

 

When I got involved with a neighbour dispute the other party's solicitor alleged that something I installed should not be within the neighbour's land and hence this constituted an act of trespass. It sounds as though in addition to trespass your are also alleging consequential water damage.

 

@jack's advice is good though I think you would need to give them longer to act. At the end of the day if you are confident of the boundary position just get a serious odd jobs tradesman in with a petrol masonry disk cutter as mentioned by @Onoffand he will slice through the drive like a butter through marzipan at better than a linear foot per minute is my guess.

[joe90]

1/ I would see if your house insurance will cover any legal challenge 

2/ proof needed it’s on your property (trespass)

3/ also even if you cut it away it appears he is letting his surface water empty onto your property.

[Temp]

If your neighbour isn't disputing the location of the boundary i would get it marked in some way then find someone that can cut it back to the marks and reinstate the drainage.

 

I suspect the neighbour might be guilty of causing a statutory nuisance by causing the damp. Unfortunately nobody will take action against him for you and you don't really want to be paying out for legal costs.  I only mention it because it might focus his mind if he gets stroppy. You can tell him if he just let's you get on with it you won't have to take him to court for causing a statutory nuisance with all the legal costs that would cause him.