Who should pay

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I hope someone can get me in the right direction about this trivial matter which I'm currently facing.
My next door neighbour visited me on the weekend and told me about the damp problem in his house. He explained it was being caused by my driveway. Our houses weren't built at the same time so the foundation of my house was almost a foot higher than his hence my driveway is almost a foot higher than the damp proof/DPC of his house. He wants me to dig the driveway which is joint to the wall of his house so watch doesn't touch the wall until its below the level of his DPC. I said no problem I'll do it but who would be paying for this and he told me I should pay. Is that fair enough? I mean this issue isn't causing me any harm and as a good neighbour I don't mind paying half of it but why should I pay all? Considering that it won't be a cheap work because I'll have to get someone to dig it up first and then would need to build a wall on my side to support the driveway otherwise it'll all start sliding soon.
Please advise what would you do if you were in my shoes.
 
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His/your buildings insurance. Surprised he allowed someone to build like that in the first place, is there info you are missing out? Are you sure his wall is the boundary line?
 
I'd guess it depends on who built what when.
If his house was built after your driveway went it at its current height - its his builders fault for not allowing for your driveway being higher than the DPC
If your driveway went in after his house was built then its your builder/driveway layers fault and thus you are probably liable unless the other party signed some soft of waiver at the time.
 
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I would be fairly certain that the driveway has been laid or extended after your neighbours house was built probably by the previous owner of your property.

I just can't imagine any builder laying a dpc a foot underground and certainly that would have been questioned at the planning stage or when building regs were checked.

There is of course the possibility that your neighbours wall is an illegal structure either a DIY or by a build it and scarper merchant.

I would contact the council planning office and check it out as to when the original build was done and what has been changed since. Hopefully your driveway did not require planning permission at the time as nowadays they often do if non permeable or discharging onto the roadway.
 
Thanks for all your replies so far gents!
rjm2k thanks a lot for digging out my old thread with the pic. I was thinking of uploading a pic now to give you guys a better idea of what's involved.
It looks like my house was built after his. I've bought this house only 3 years ago but it was built in 84/85.
If you look on the right hand side you can see the bins and that's where the problem is. I believe that was originally his garage but its converted into a living room now.
He has told me his insurance won't pay for it because the problem is not with his property which I find quite bizarre. I can't imagine my buildings insurance provider paying for it either because its not affecting my property.
 
He has told me his insurance won't pay for it because the problem is not with his property which I find quite bizarre. I can't imagine my buildings insurance provider paying for it either because its not affecting my property.
It his however a problem caused by your property, albeit not your fault personally, so he probably has a valid case to claim against you.
It might be worth getting a builder to give you an estimate before telling him to claim against your insurance though
 
I can't see why your insurers would pay to rectify bad building work.

My policy covers against fire, theft, water damage, settlement.

I reckon it needs a trench, laid to fall to a drain or soakaway away from the buildings. To prevent you falling into the trench, it could have a top grille, or be filled with cobbles as a French Drain.,
 
JohnD I'm completely with you. I can't see why my insurance would pay out for work which isn't affecting my property.

I'll have to dig a trench which should go below his DPC level. I can drain the water to the front of his house which would go in his front driveway (concrete) and then would carry onto the roadside drains. I'll definitely need top grille or cobble (didn't think of them until you mentioned them) because I've got 2 young kids so it needs to be safe and secure.
So you guys reckon I should be paying for all the work?
 
He has told me his insurance won't pay for it because the problem is not with his property which I find quite bizarre. I can't imagine my buildings insurance provider paying for it either because its not affecting my property.
It his however a problem caused by your property, albeit not your fault personally, so he probably has a valid case to claim against you.
It might be worth getting a builder to give you an estimate before telling him to claim against your insurance though
Agree. Most likely just poor detailing by builder of your house. Can't see how the neighbour should have to pay towards dealing with it.
 
If the conversion was done after the build, should they not have tanked that wall? If it were me I'd just get on and do it, maybe ask to go halves.
 

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