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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience:  Solicitor with over 15 years experience.
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My Neighbour has dug a new hole / soak away himself between

Resolved Question:

My Neighbour has dug a new hole / soak away himself between our properties without building regulations. To stop the puddling he was getting after having a new block driveway,
this new soak away is directly next to his foundations and adjacent to mine 1.6mtr away
there is only 3 mtr between the properties.
There is also plenty of room on the front drive to dig the 5 mtr regulation soak away.
This has caused major subsidence to my property since he carried out this bodged works , the gable end on my my house has dropped 100cm in this position and every room /window /door is damaged with major cracks throughout.
This new hole / soak away now takes the water from the front main roofs and front drive
i have ask him politely what he was going to do as building regulation have breached
he said nothing and slammed door in my face swearing
the local building / planning don't want to no. as property is over two years old and they haven't the manpower was the response when i phoned.
What is the best way to get him to conform to building regulations and have drain corrected
before major repairs are carried out to my property.
as nobody seems to be enforcing the building regulations!
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Has an expert told you that his work has caused the damage to your property?

Customer:

No this is base on having lived in my house for 37years with no problems only since he has carried out these works

LondonlawyerJ :

Ok if his work has caused this problem you have a very clear case in negligence against him whatever the position with building regs etc. If the value of damage/repairs is greater than £10,000 (which I think is likely from what you say) then you will usually be outside the small claims provisions which means you should probably instruct a solicitor. Do you have legal cover on your buildings insurance? Have you informed your insurers yet?

Customer:

Yes i do have legal cover on buildings insurance, and have informed my insurance this has been since April 2011

Customer:

My insurance have checked and carried out repairs to my drains as main clay soil pipe was broke due to house dropping movement, they also have upgraded my soak away and connecting pipework just to eliminate.

Customer:

These works were carried out in 2011 and i would have expected the house to have stopped moving by now but house is still moving and cracks are getting serious.

Customer:

I requested that my insurance investigate my neighbours drains on his side on the 8-7 2014,as they could be causing our problems, as all these events are starting to add up and ring alarm bells that this is the main problem. insurance repsonded with

Hello Mr Bruce

Sorry for the delay in getting back to you, but unfortunately there is nothing that we can do to investigate any problems with your neighbours property. I would suggest that Mr Peachy contacts his own insurers and they will be able to advise

LondonlawyerJ :

That is a pathetic response. They seem not to realise that works on adjoining land might cause problems to yours! I would suggest that you contact the insurers and ask them to instruct a surveyor to investigate what is wrong with your house and the likely causes. If they do not do this you should consider instructing one yourself and then going again tt the insurers with details of the problem or consulting a solicitor if more appropriate. You really can't do it without professional advice on the causes of your structural problems.

Customer:

with the legal cover should i use the insurance solicitor or independant

Customer:

and are the costs recoverable with a independent surveyor as the insurance seems doing the bare mininmum

LondonlawyerJ :

You should try to get your insurers to pay for the surveyor but failing that you should fund it yourself. If you issue successful proceedings using the survey report the costs will usually be recoverable from your neighbour.

Customer:

how does the legal cover work, do i request a solicitor or is it better to have a independent solicitor ?

LondonlawyerJ :

You should contact your insurers and tell them that you believe youvhave a legal claim invneliggence against your neighbour and ask for their help.

Customer:

thank you for your help

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience: Solicitor with over 15 years experience.
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