Neighbour's groundwater damaging our boundary wall?

Question

This is a retaining wall for their path and steps. They have no surface groundwater drainage - groundwater runs down the back of our wall and has washed away the footings causing the wall to rotate. We have had a surveyor out to look at the wall. Their steps have dropped away slightly from their house wall They have said the wall is nothing to do with them and totally our responsibility and that if we fix our "dangerous wall" we have to repair all damage caused to their path. Builder's are not interested in fixing it until they have sorted out their drainage. They claim not to have a problem with drainage and blame it on the site - they do have a problem and suffer flooding when it rains. We have tried to have a meeting to discuss it but they have basically refused and written that it has nothing to do with them. Anyone gone through similar problems? What happened? Is it resolvable without solicitors letters ?

Answer 1

Sorry that the folks that used to live next to me moved next to you.

You need to document this and have an ENGINEERING report done at your house. and on "your" wall.

Then the only thing you can do is Judge Judy them.
Go talk to an attorney and tell them your story. Usually 300 bucks. then when they get a letter stating you are proceeding with legal action they will either move or realize they have an issue and you have professional proof of it. Yes it will cost but in the long run they will need to be responsible property owners or move. then show the new neighbors the issue and say hey I understand this is your issue but hey neighbor let's work this out together as we are neighbors.
These folks will have trouble selling if there is water damage on their property. so maybe YOU MOVE!

Answer 2

I am not sure if you have a new community, or a new home, but I had the same problem. What you need to do before the problem get worse...( foundation slip.....My neighbor un the up side, didn't plant grass and the groud was pretty much clay, and soaked up nothing,, so it ran to my yard.....and set before making a B line to the neighbor on the bottom of me....her basement fell in because of setting and running water from my up neighbor. I had to take pictures and make a diagram of the way the water ran...and showing if I stopped it myself...where the water would sit. Take that to small claims court...depending on the estimate the builders gave you. Charge them 1/2 or whole for rebuilding a drainage....You will need to contact a Real Estate Lawyer to get the right wordings to put into your law suit. Do this in order to save your home. My neighbors and I live in a new community, so the house was under warranty...but she still needd to get all these things if she were going to sue anyone. Good luck...but be quick qith it....now i have to figure out a way...to keep the up neighbors dogs(4 of them ) frrom digging holes under my fence....ohhhhhhh neighbors....

Answer 3

Legally, if the wall is totally on their property, it is their responsibility. For information purposes, a weak wall is stronger than a strong wall, it needs weep holes and the footing should have had some gravel packed into it before it was poured to stop this crap.

If their steps are sinking, let them sink, but don't do anything in the meantime. Then sue them if your property is damaged.

Robert Frost, the American Poet, in his poem Mending Walls, states that good fences make good neighbors.

Answer 4

Who owns the wall? Is the house new? Seems to me that the wall should have had some drains through it to allow the water to flow away. If the wall is yours then it is your responsibility to keep it safe, the alternative is to demolish it and replace with a fence.