Damp in Party wall Neigbours Garden

[staylong]

Hi

We are in a bit of a mess. We are selling our house and the surveyors have told us that the neigbours have put a flower bed against the wall which is the side of our house and caused damp. Its a garage conversion, so the wall is about 15 foot.

We asked the neigbours to remove and make good but as she has just moved in herself she said it was like that and besides she cannot afford to have it done.

What if anything should we do? Do we have to go the legal route? I am sure she is responsible in party wall act. But it may take months to sort and we need to sell.

If we decide to do it ourselves what should we do?

Thanx

Staylong

 

[^woody^]

This is not a party wall issue.

You could either go through the courts with a civil action (negligence or trespass), or you could try the local council (Environmental Health) or a solicitor for them to take action as (if the dampness is inside the room) it could be considered a Statutory Nuisance under the EPA 90 and they can be taken to the magistrates court - the threat alone may secure a result. Action as a Statutory nuisance will give the neighbour 21 days to rectify it, and action can be commenced on the 22nd day - so its quite quick

In any case, if you go the legal route, then this will become a dispute which you are obliged to declare to any potential buyer.

It may be better for you to offer to either remove the soil, or insert a damp-proof barrier between the soil and your wall