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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Dear Sir/ Madam We bought the house as we stripped the walls

Customer Question

Dear Sir/ Madam

We bought the house as we stripped the walls down, the party wall at the middle of the terrased house never dried out last 4 months. We had our side checked and no cause was found on our side and they suggested a leaking pipe from the neighbours . However all attempts to negotiated inspection on their side proved to be unsuccessful except establishing they have a bathroom backing to the problematic area.
We are not sure how to tackle this issue further as the neighbour is refusing there is any possibility of leakage on their side.
It is getting increasingly frustrating and the wall is getting wetter after we replaced and dryer the plaster recently.
Please can you advice us how to deal with this uncomfortable issue.
Many thanks.
Kind regards
Mrs Y Campbell
Submitted: 4 years ago.
Category: Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is Tony, I can assist with this.

tdlawyer :

Are you pretty sure the problem is coming from your neighbour's property?

JACUSTOMER-908jcr0u- : So far there was nothing found on our side by the damp proof surveyor. Although
tdlawyer :

So logically, you would say the problem must be coming from the neighbour (or rather, your surveyor would say that)?

JACUSTOMER-908jcr0u- : untill the neighbour property is inspected and the report comes out I can not say
JACUSTOMER-908jcr0u- : it is 100 % but all details pointing out it is. In one report survayor suggested it is a keaking
tdlawyer :

Okay. Then there are rights for you to gain access to your neighbours land/property in order to inspect and maintain issues on your land. These are under the Access to Neighbouring Land Act 1992.

tdlawyer :

however, to enforce the rights, you need to make an application to the Court.

tdlawyer :

It's not ideal, but sometimes, if you point out to your neighbour that you have these rights, they often let you in, rather than be faced with a court claim which will succeed and they be ordered to pay the costs of having to do that.

tdlawyer :

You can make an application under the Act using Form N244 and then issuing a Claim Form N1. However, before doing this, I would encourage you to point out the law to them, as they often relent and allow access. If this fails, it might be quicker and cheaper to get a solicitor to do a quick letter pointing it out to them - people take solicitors letters more seriously sometimes. After that, then Court is an option.

JACUSTOMER-908jcr0u- : What if the inspection will require the tiles in the neighbour bathroom to be removed? And they will refuse it or the cause of increasing wet wall will be not clear after the damp experts inspection?
JACUSTOMER-908jcr0u- : Who will be liable to pay ? I've got your point. . We will try to negotiate the access and inspection. But if worse comes to worse.
tdlawyer :

The Court does have jurisdiction to order intrusive testing and can, therefore, require tiles etc. to be removed. As for who pays the costs, it depends, if you're right, then they should have to pay the costs and if not, then you will most likely. Costs are always in the court's discretion and reasonableness in all of this is a massive factor.

tdlawyer :

Does this answer your question?