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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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The north and east walls of our Old Chapel face a neighbors

Customer Question

The north and east walls of our Old Chapel face a neighbors garden. The west wall faces another neighbors driveway. The south wall faces the main road and pavement. The Old chapel (TOC) as far as I know sits on a plot that is no bigger than its own walls but I'm not 100% sure of that. The ground levels at the east and north walls of TOC due to the neighbours landscaping at some point in the past are now well above the internal floor level of the Old chapel, this means water accumulates below ground in the gravel margin next to these walls and has caused significant damp issues Our architect has suggested we dig a slightly bigger gravel margin next to TOC and put in a bitumen liner next to TOC to pipe away into the road under ground any water that accumulates in the liner. At the foot of the north wall in the gravel margin the neigbour two climbing roses, these climb up the legs of their pergola. We are told the roses have been their 15 years. We have offered to cover the costs of relocating the roses further away from the north wall so we can put in a trench with a liner to remove the water and associated damp problemes or to buy new climbing roses for them as Monty Don says this should be the preferred optiion. The neighbour does not want us to move the roses! But we are concerned that they will get damaged by our builders who have been commissioned to Remove and replace render and the roof. A major refurb along as well as getting rid of the damp on the east and North walls. As an aside I can't believe the rose can get enough water to flourish unless the neighbour waters them and this may also be causing problems with the building! What would you suggest to get the neighbour to allow us to professionally move the pergola and roses so we can put in an appropriate trench and do the building work. We have noted that the ground levels on their property will look the same after the work
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We first had a meeting with them in February and explained in their front living room the work to be done. We have all been very friendly throughout and they are fully aware of the community drive which has raised many pounds to enable the work to now proceed. We have agreed to all their requests which have been reasonable. It is just the movement of the rambling/climbing roses that they will not shift on.
JA: Where is the property located?
Customer: In the middle of our rural village in gloucestershire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Virtual-mod replied 1 year ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 1 year ago.
I’m happy to wait a little while but could do with an answer before cop today. I trust this is part of my free trial for £5, please confirm this.
Expert:  Nicola-mod replied 1 year ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  F E Smith replied 1 year ago.

I have been asked to look at this for you.

I you able to let me have a plan with some narrative please?

Do you have any photographs?

Is the work that you required to do necessary because of any action or works which have been done by the neighbour? If it is, then you have a claim against the neighbour in common law negligence and potentially also common law nuisance.

Thank you.