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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a converted barn with a single story kitchen at right

Resolved Question:

I live in a converted barn with a single story kitchen at right angles. One side of the barn and one side of the kitchen make up 2 sides of my neighbours garden. They are growing bamboo and this is above the gutter of the kitchen and pulling the gutter away from the wall. I have a problem with damp in the kitchen and this may well be part of the problem. On the wall of the barn they also have plants growing and have screwed rope trellis against the wall. Can you tell me what the legal position is on the bamboo, sticking screws into my wall and plants growing up my wall generally. My main concern about the latter is that they may water them and add to my problems of damp.
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what you say the two wall in question form the boundary between you and your neighbour. Is this correct please?

Customer:

yes

Joshua :

thank you. On that basis, the party Wall act applies in respect of the two walls in question which gives your neighbours the right to carry out what are called minor works to the wall without your permission.

Joshua :

Minor works might include attaching things to the wall with screws and so on. Living more significant than that that requires substantial drilling into the wall to fix large objects which requires substantial support would not constitute minor works and would require your consent and a party Wall notice to be served before they carried out such work

Joshua :

the right to attach things to your wall however does not give them a right to damage your wall beyond the minor works described above. If their bamboo or other minor works have caused damage to your wall so as to enable water ingress to occur, you can serve notice upon your neighbour requiring them to attend to the issue that is causing the water ingress within say seven days failing which you reserve your position in respect of retaining your own contractor to carry out repair work are looking to them for the cost.

Joshua :

if they do not respond to you or do not take action as per your request, you can contact one or two contractors in order to identify the issues and quote for rectifying the same and so far as the issues the identify are being caused by actions having been taken by your neighbours, you can consider a claim against your neighbours for the cost of the quotes received to rectify the damage. If necessary, you can issue proceedings in the County court in order to recover the cost of the quotes either before or after you instruct the work to be carried out

Joshua :

is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

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