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Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Our neighbour's house abutts our garden, so we have a garden

Customer Question

Our neighbour's house abutts our garden, so we have a garden border and a shed running along her wall. These have been there at the same level since the 1960s and therefore before she bought her house. She has started getting damp coming through on the inside of this wall, and has been advised this is probably penetrating damp from the soil on our side (although she has not had a proper assessment done). While we are willing to help where we can, her suggested course of action is for us to dig a trench, which would destroy part of our garden, expose a buried water pipe, and expose the lower unrendered part of our shed wall. Without a proper assessment we don't even know if this would solve the problem. Our questions are related to who is responsible for solving her problem and any costs involved, given that the soil levels etc are as they were when she bought the property? Should she be the one that pays for a proper assessment? If it proves to be penetrating damp do we have to pay for the work on her side or our side, and would we have the option to decide what sort of remedial work should be done? Would we be able to ask for compensation for any damage done on our side? Thank you for your response.
Submitted: 2 months ago.
Category: Law
Expert:  Michael Holly replied 2 months ago.

I would not be satisfied with this.

This will involve a huge amount of expense and you have not even seen anything which confirms she has a point.

I really would get my household insurers involved on this one.,

Best regards

Michael

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