How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69508
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

Hello, I live in a mid terraced property in South Wales. One

Customer Question

Hello, I live in a mid terraced property in South Wales. One of the adjoining properties has recently been sold and now the property has been empty for about four or five weeks waiting for the new owners to move in. The problem is that their chimney is in a poor state and that over the last three months water has infiltrated the wall of my property causing damp and wallpaper to come off the bedroom and landing wall. There is no sign of the new neighbours moving in yet and the situation can only get worse with more deterioration of the wall. What can I do ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How long has this problem existed for? Is it just for three months?

Do you have details of the new owner or the agent or their solicitors?
Customer: replied 2 years ago.

I would say I noticed the first sign of problems during the week of February 23rd to 1st of March when wallpaper started peeling of the wall of the front bedroom where the chimney is. I did inform my neighbour at the time who had already sold the house. She informed me not to worry because the new owners plan to install a log burner which must mean that they will be demolishing the chimney. It's now May and nothing has been done ( and the wall is getting worse )


I have little knowledge of who the new owners or the Estate Agents are.

Expert:  Remus2004 replied 2 years ago.
Thanks.

The new owners are responsible for this damage.

However before you can take action against the new owners you are going to have to find out who they are.

If you are still in touch with the old owner, they can ask their solicitor to forward a letter via by solicitors to the buyer advising them of the problem and asking them to get it fixed and pointing out that in the interim the problem is getting worse and they are liable for that damage.

It is unlikely that at this stage in time the property has been registered in the new owners name but there is a possibility. You can check the land registry deeds here for £3 and if it shows the new proprietors name it may have an address although the address may be the address of the property.

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

of all the above fails but you do get an address for the new owner you can always issue proceedings against them in the Small Claims Court for the cost of the damage and have the matter decided by a judge.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

So it's definitely the new owners responsibility and not the old owner, because this damage began to appear when she was still living in the property. I just want this query clarified, Thanks.

Customer: replied 2 years ago.

Hello Rebus, can you reply to my query please . Ref - 14172500-60

Expert:  Remus2004 replied 2 years ago.
That is correct. The new owners inherit the liability. That is one of the reasons that people have full structural surveys done.

The new owners by the property as presented with warts and all.

Incidentally, the new owners are putting in a wood burning stove they are still going to need the chimney stack unless they are putting in some kind of alternative high-temperature flue.

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69508
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions