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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice.
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I have very extensive damp in my garage which has developed

Resolved Question:

I have very extensive damp in my garage which has developed since my neighbour had a new patio built which slopes towards the garage wall he refuses to accept any liability for this and says I should remedy inside my garage what process should I follow to make him accept his responsibility
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.


Is the builder that looked at this independent or have you used him before?

Do you have his opinion in writing?
Customer: replied 3 years ago.

yes I have and it is in writing

Expert:  Remus2004 replied 3 years ago.
Thank you.

The report is not likely to be much use to you if this gets to court if the neighbour alleges that you know this guy and therefore he is not independent.

So, if this becomes contentious you may end up having to get another report from an independent person.

Assuming that you get that report and it says what you think it will say and says what the current report says, you have a claim against the neighbour in negligence.

The value of the claim is whatever this costs to put right and also whatever or the damage is caused as a result.

Check your house insurance to see if you have legal expenses cover because that may pay the cost of any litigation and dealing with this in general.

A solicitors letter may have more effect and therefore you might want to see a solicitor to get the solicitor to write to the neighbour saying that unless this problem is resolved, you will have no alternative but to issue court proceedings against him for a claim in negligence.

If he still refuses to accept responsibility, then you have no alternative but to issue court proceedings although if you get a judgement against the neighbour, you will normally get costs of the litigation including court and solicitor's costs awarded against him also.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Which court is this dealt with

Expert:  Remus2004 replied 3 years ago.
It would be dealt with in the County Court.

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