Damp - problems on neighbour's property

[kat]

We have recently bought a c.1900 detached stone cottage and are currently trying to sort out the damp problems. We've identified the cause of some of the damp but unfortunately they are on our neighbour's property.

The first problem is an air brick that is at ground level due the path being raised. I'm not sure what right I have to go and dig up the neighbour's path so I wondered what effect blocking up the air brick and perhaps adding another on another wall would have?

Problem number 2 is an old gas pipe. This runs around the side of our house and is buried by next door's concrete path. The damp problem occurs where the pipe comes out of the ground. It sticks up for about a foot and is capped. As I don't really want to dig up their path, would capping the pipe at ground level and covering it over sort the problem?

The final problem for which I can see only one answer is a large mount of earth with a tree/bush thing growing in it which is right up against our wall. Currently, the house next door is empty. The occupant died a couple of months ago and I have no idea how to contact the family. Would I have any right to remove the earth or will I have to wait until the house is sold or someone moves in? In the meantime, I have a damp wall in my kitchen which I'd like to have back by christmas (currently the cooker's in the sitting room!) so does anyone have a quick fix?

Thanks in advance for any suggestions anyone can offer!

 

[Moo]

Does next-door have the sort of letter-box that you can see through? If so, and there isn't a great pile of unopened mail on the hall floor it is likely that someone comes to collect the post or that a mail redirection service has been arranged.

In which case, a letter would stand a chance of being read by someone who is in a position to respond.

 

[L1zzy]

Hi - I was wondering if you have tried logging into the Land Registry website and there for a small fee you can find out the registered owner of a piece of land or a property - this would at least give you an entree into getting in touch with someone.It is worth checking out with a legal eagle but I'm pretty sure that there is a process you can follow which starts with a conversation with your neighbour about what ideally needs to be done but ultimately enables you to escalate to a point whereby you pay for the work to be done but claim the amount back from your neighbour perhaps in court. I emphaisise that this is a very last resort and a neghbourly conversation must at all costs be your first resor.If your house is listed the CO may have some thoughts on what you could do? Good luck and whatever happens try to keep the lines of communication open with the owner...when you find them.

 

[Lady_Mari]

Our house wall is right on the boundary of the property but it is a legal right to walk on neighbours land in order to carry out any necessary repairs & maintenance to the property.
It was necessary for us to remove some shrubs that had self seeded over time against our wall last spring & next spring we have major repairs to do.
It is better to liaise with your neighbour but if awkward or unavailable you do have maintenance rights.

 

[Nemesis]

It is better to liaise with your neighbour but if awkward or unavailable you do have maintenance rights.

You only have the right to walk on someone
else's property without permission if it's written into your deeds.

You do have some rights to access your house for essential maintenanace but it's not an unqualified right. There are steps which have to be gone through.

This is always a useful place to ask about legal stuff:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2096&


Some info in that link.

 

[Penners]

Moo's idea for a bit of detective work is an excellent one.

When you write your letter, it might be a good idea to add a "fail-safe" clause to it, in case nobody replies. Something like:
"...blah blah pile of earth against our wall that is causing damp within our property. I'm sure you will not object if I remove this pile of earth (at my own expense), and unless I hear from you to the contrary, I will assume that you are agreeable to my carrying out the work in approximately 14 days."

If you get no response to your letter, then I should get on and do the work promptly. Come to that, you might also consider carefully digging out around the blocked airbrick a bit, while there's nobody in the house. If you make a neat job of it, it'll probably never be noticed!

As to the lead pipe, I'm not sure how the pipe itself could be causing damp, if it's been effectively capped off. I suppose it's possible that water is finding its way through the soil that was disturbed when the pipe was originally installed, but I don't think cutting the pipe off at ground level is going to make much difference.

One other thought - I suppose you are certain it's a gas pipe, are you? Could it perhaps be water? If so, then perhaps there could be a leak in it below ground which is allowing water to leak.

However, if you're sure it is a gas pipe, may I state the obvious and suggest that you make absolutely sure that it's no longer in use, before you consider any modifications to it.

 

[Lady_Mari]

This is always a useful place to ask about legal stuff:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2096&

Some info in that link.

From the useful link that Nemesis posted:

Access for reasonable maintenance is enforceable, access for new build is not.

 

[Nemesis]

The problem is of course that enforcing that right means appropriate lawful procedures - simply going onto someone else's land isn't a right!

Access to Neighbouring Land Act or the Party Wall Act.

http://www.gardenlaw.co.uk/walls.html


http://www.opsi.gov.uk/acts/acts1992/Ukpga_19920023_en_1.htm


http://www.opsi.gov.uk/acts/acts1996/1996040.htm

 

[Penners]

Well, whatever the law says, if my house were being damaged by a mere pile of earth in the garden of a next-door unoccupied house, I know where I and my spade would be.

 

[Nemesis]

Well, yes, but legally it's not a right to go and do it without the appropriate procedures!

 

[skier-hughes]

When you write your letter, I will assume that you are agreeable to my carrying out the work in approximately 14 days."

I would miss this word out, best to be precise, what would happen if they turn up on day 15 to say no and you've got a digger in their garden?

Graham

 

[Penners]

Fair point, Graham

 

[Flyfisher]

Well, whatever the law says, if my house were being damaged by a mere pile of earth in the garden of a next-door unoccupied house, I know where I and my spade would be.

Mine too; it's the commonsense thing to do. Any half-decent owner would have no objections.