Neighbour's lean-to fixed to my wall causing damp

[Munzy]

Hi all, trying to establish what my rights are here...

Neighbour has a block built garage set back from the shared boundary by 2m. I have a brick built garage adjoining the boundary line. The neighbour has then built a lean-to shed between his garage and mine, the roof of which is fully supported by the wall of my garage.

The brickwork of the mentioned wall inside my garage is damp as a result of water not being taken away from this lean-to roof properly, instead being allowed to collect and seep into my wall.

What are my rights here? Can I force the neighbour to remove the lean-to from my wall?

Thanks

 

[GeoffJ]

Is your wall ON the boundary (as in the boundary or just inside your boundary). If your wall is inside your boundary then he has no rights to affix anything to it. But he could build in front of it

If ON the boundary (or right upto to the boundary) then it is likely that is is a "party wall" and any issues will be governed by the party wall act
https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

regards
Geoff

 

[Munzy]

Thanks Geoff. I would say that the wall of our garage is a party wall.

Therefore, should the neighbour have issued a party wall notice notice before affixing a lean-to to it?

We purchased the property last month and the lean-to has been in place for several years and no notice was issued to the former owner.

What can be done legally? (The first port of call will be discussing with the neighbour but I always like to know my legal rights first).

 

[GeoffJ]

Two articles may help with the party wall question

https://www.property118.com/party-wall-damp-ingress/41964/

http://www.telegraph.co.uk/finance/...y-property-nightmare-damp-from-next-door.html

 

[^woody^]

Your garage wall is very unlikely to be a party wall

The neighbour has created a trespass, and you can require him to remove anything fixed to your property. He's also likely creating a statutory nuisance by causing damp - which would be so even if he does not fix anything to yor wall.

Or (and normally), you tell him that if he solves the damp problem he is causing, his lean-to can remain.

And if you want to do this properly, you can grant him a formal licence for the lean-to to remain. A Licence, correctly worded, can be revoked at some time in the future. Otherwise you poentially create an implied easement granting support for the lean-to for as long as the neighbour wants it to remain.

 

[Munzy]

Your garage wall is very unlikely to be a party wall...

Thanks Woody. For what reason do you say my garage wall is unlikely to be a party wall?

 

[^woody^]

Because it's your garage. No one builds a garage with one wall over the boundary, it's all built on the same land.

Unless there was once a wall across the boundary, and the garage was added to it.

 

[Munzy]

Because it's your garage. No one builds a garage with one wall over the boundary, it's all built on the same land.

Unless there was once a wall across the boundary, and the garage was added to it.

That sounds logical to me but the way I've interpreted the party wall information is that the wall of a building built along a boundary (but not across it), whilst being on Person A's land entirely, also becomes a structure of significance for Person B as it forms their boundary too.

I'm not saying your interpretation is incorrect, I've spent 20 minutes skimming articles and formed mine! Logic to me says the garage is on my land so crossing the boundary by even 1mm to affix a lean-to is trespass.

 

[^woody^]

You're misinterpeting the PW Act.

Only a wall built astride a boundary is a party wall under the PWA.

A party wall has shared ownership, what you are saying is that if the wall is a party wall, then the neighbour owns half of it, and in that case he can fix to it if he owns part of it.

 

[Munzy]

Again, your interpretation sounds logical to me Woody! Thanks