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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We are renovating a Victorian semi-detached property and our

Resolved Question:

We are renovating a Victorian semi-detached property and our neighbour's side is in such disrepair that gutters and roof etc are likely to cause problems on our side - we know that her roof is causing damp to our side, for example. What can we do about this?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

You should serve notice on your neighbour by writing to her pointing out your concern regarding the damp/disrepair and advising that you are concerned regarding potential future damage to your property and inviting her to attend to the matter as soon as possible and fully reserving your rights in respect of any possible damage caused to the property. You may wish to keep a copy of any such notice you send.

If any damage does occur to your property you would, particularly having sent the above, have a clear case against your neighbour both in respect of negligence and in respect of trepass occasioning damage to your property. You would have a claim in respect of both the cost of repairs to your property and if it were necessary to prevent further damp/water damage in the future the right to consider an application for an injunction against your neighbour in respect of the flow of water onto your property.

If her failure to repair her house is resulting in damage to your house you have a claim against her. The above notice is not a pre requirement to make a claim but it is worth considering because if damage does occur at a later date and you have a copy of the notice you send to her available it would not be possible for her to claim that she had no idea that damage was occuring to your property. This way you have her for negligence as well as trespass occasioning damage and the claim would be very hard for her to defend against.

If you need to claim monies from her in the future the easiest way to do so having obtained quotes for repair and asked her to pay for the same is to use www.moneyclaim.gov.uk

If you need to seek an injunction against her to prevent further damage occuring you will need to issue County Court proceedings-form N16A.

Hopefully, such action won't be required.

I hope this assists you and sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

Thanks that's really helpful. There is an overlap area of roof that is probably a joint issue and we would like to have it repaired jointly while we have scaffolding up and roofers in, but she is reluctant and a lot of the time we can't get hold of her. If we make these repairs is there anything we can do to get her to pay her share?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Legally, she should of course be responsible for contributing 50%, but in practical terms, if she does not willingly pay, you would have to issue Court proceedings- via www.moneyclaim.gov.uk

Good luck!

Best Wishes

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks that's great

Expert:  Aston Lawyer replied 2 years ago.

No worries.

If I have helped, I would be grateful if you could leave positive feedback.

Kind Regards