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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My old neighbour moved away about 4 years ago but just before

Resolved Question:

My old neighbour moved away about 4 years ago but just before going built a decking patio in their back garden which abutted my garage wall, they also nailed a hand rail onto my garage.
I had'nt notice just what they had done until my new neighbour invited me in. I had noticed for sometime that the bricks were turning white about a foot deep from that side and then realised just why my garage was getting flooded from that side every time it rained, they had built above my damp course.
My deepfreeze and fridge is kept in my garage and I have to wipe the condensation away manytimes because it is so damp. As they have been gone for about four years now have I any redress? Also what does the law say about a boundary such as this.
Thanking you in advance for your attention to this matter.
Jo Nichols
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Yes you do. You need to get a survey to see exactly what is causing the problem and then what the solution is. You then show the report to the neighbour and ask them to do the recommended works.
If they refuse then you can ask a Solicitor to write and ask them to do it. If they refuse then you can issue proceedings and ask the Court to order them to do the work. You would need to complete forms N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will issue proceedings and set the matter down to decide whether to make the Order. If the Court does and they refuse to do the work this is contempt of Court which they could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you very much for your advice Alex which I find very helpful. The problem is that the neighbour who built the patio moved away about 4 years ago and obviously the onus is with him., not my neighbour of the past 4 years, how do I go about this?
Expert:  Ash replied 1 year ago.
It does not matter if its the new neighbour, they are responsible for any nuisance and remedial action.
Does that clarify?
ALex
Customer: replied 1 year ago.
This seems extremely unfair especially as my new neighbours are the best neighbours I have ever had. Why should they pay?I do not understand why the report cannot be sent to the previous neighbours who have done the damage.
Many thanks for your reply -
Jo
Expert:  Ash replied 1 year ago.
I agree, but then the new neighbour could take action potentially against the old neighbour.
You can't sue the previous neighbour, they are no longer the owner and the law says you only have 3 years. Its been 4.
Does that clarify?
ALex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply Alex which was very prompt, informative and helpful. I would certainly use your site again.Kind regardsJo Nichols
Customer: replied 1 year ago.
Alex, Sorry just one more question, what is the legal requirement for the distance in building close to boundaries?

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