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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3671
Experience:  Two years conveyancing experience.
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our neighbour has made improvements to his property which involved

Resolved Question:

our neighbour has made improvements to his property which involved lowering the level of a path which runs between our two properties. this has resulted in exposing several feet of wall of our house. to make good the work the exposed wall need to be rendered. additionally our neighbour intends to replace the path with iron steps the lead to the back of his property. he has asked to key the steps into the wall of our house and charge us for the rendering. am I correct in thinking he would be responsible for the remedial rendering of the wall to our house revealed by his improvements? the pathway is his. our property forms the boundary between the houses. has he the right to key steps into our property wall?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

If the path runs against your boundary, it potentially makes this a party wall. If it is a party wall he should have come to you and agreed a party wall agreement before starting the works. If your neighbour is digging up a path on his property that does damage to your property then, the neighbour must be liable for that damage.

Just so I have understood, is the rendering an issue that would have had to be resolved anyway, but could have only been revealed by
digging up the property?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

thank you AJ. the answer is definitely no, the unrendered part of the wall was revealed when the path was dug out. it was a sloping path from the road to level of 10ft or more at the rear of his property wall. he is making a flat surface, level with the road and steps up to the top at the extreme end. the area of the path was below ground level and when our house was converted from a commercial property 33 years ago the renovators will have rendered to the level of the existing path - now of course below the level of the previous path has been exposed.


anne

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

On that basis I would be of the opinion this damage was caused by your neighbour and therefore he should at the very least contribute towards it or pay for it entirely.

Will they have to do the rendering to complete their works?

Kind regards

AJ
Customer: replied 3 years ago.

yes, to the same degree, as ours.


thanks AJ

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

DO you know how much it is going to cost?

Really you have the following options:
1. You pay for it and let it go;
2. You pay for it under protest and then sue the neighbour to recover the cost on the basis that it was as a result of his actions;
3. Ask a surveyor to confirm if this is a party wall. If it is a party wall then put pressure on your neighbour to pay for the works on the basis that they should have had a party wall agreement in place.

Kind regards

AJ
Customer: replied 3 years ago.

No I don't have the cost of repair, but your response has given us the courage to stand our ground.


With regards ***** ***** in of his steps, I am concerned about penetration of our tanking, although our walls are thick. I think I should get the advice of a builder before letting him loose with a drill! Do you agree?


Anne

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Absolutely, I would recommend getting the advice of a surveyor before letting him do any damage/work to your property.

I would also suggest that you ask him to pay for it. Effectively he is fixing a structure on his property to your wall, and has to take responsibility for any damage caused. Say to him that before you can allow him to affix anything to your property you will need the advice of a surveyor and expect him to pay for that.

I look forward to hearing from you.

Kind regards

AJ

Customer: replied 3 years ago.

Do you want me to advise you of the end result? It could take some time, as he is very slow!

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you have any follow up points you wish to ask please do not hesitate to contact me.

I think even if he is slow, the concerns you have highlighted warrant to me that you should ask for the help of a local surveyor as soon as possible. Quite simply you cannot have him drilling into your property and causing damage.

Kind regards

AJ
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