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I live in a detached property but my wall at one side is in my neighbours drive and they have large gates so you can not see down. I have right of way to maintain my property.

My house was on the market and sold, the surveyor indicated very high levels of damp on this wall that is in the neighbours driveway and recommended a specialist report. I arranged this and the surveyor found they had rubbish piled 5 foot high and 3 foot deep against my wall, he indicated this has caused the damp. The rubbish has been there a long time over the summer during the heavy rain and, is mostly in plastic bags etc so any rainfall is soaking directly into my wall.

The buyers have pulled out.

There was no other damp found.

I complained to my neighbours yesterday and they apologised and said they would move it, how long do I reasonably give them to move it as this is making my property defective?

I am so upset about this is there any legal action I can take or would this just be petty?

2007-09-19 06:58:55 · 13 answers · asked by Tazmanian Devil 1 in Home & Garden Other - Home & Garden

And please don't respond "stand in the dry" I got there first, tis not funny!!

2007-09-19 06:59:49 · update #1

13 answers

Definitely talk to a lawyer because you don't know what damage and costs will come of it. If you get mold in that wall, you will all of a sudden have not only big expenses but also a huge health risk for which your neighbors are responsible. So you want to cover all bases should it come to that.
I forget if it has been mentioned, photograph their stuff that is piled up against your wall, for proof.

Good Luck!

2007-09-27 04:46:34 · answer #1 · answered by Llani 5 · 1 0

1) Tell your neighbors that they will have to move the rubbish in 1 week.

2) Give the wall enough time to dry out on its own once there is proper air circulation.

3) During this time, speak to a solicitor that specializes in real estate and discover what your legal options are. These neighbors have already lost you one sale, you need to take measures to prevent that from happening again.

4) If your neighbors do not remove the refuse in the allotted time, ask your lawyer if you can have it carted away and send them the bill

2007-09-23 18:36:07 · answer #2 · answered by Bromeliad 6 · 0 0

Your neighbors can't pile anything agaist your house. If so you can present them with papers giving them what you consider as reasonable time to remove the trash or you are preserving your rights to have it moved and they will be responsible for the cost. I cost $15 to take it to small claims then you can charge for damage to the wall caused by the junk. One other thing is there a gutter system on the roof over this area not working or leaking. Water from leaking and missing gutters is most likely causing the water damage. To check, dry a spot on the inside of this wall and tape a piece of plastic over it with duct tape. come back in a couple days, if the plastic is wet between the wall and plastic side water is coming in from the outside of the wall. If the plastic is wet on the inside your house is to tight. (inside moisture)

2007-09-25 10:17:38 · answer #3 · answered by bumper55706 2 · 0 0

Chey's answer replaced into my suggestions yet in addition have you ever suggested this consisting of your neighbour? have you ever checked to make certain it is not a condensation situation? Do people on your street have an identical situation? i do no longer see a humid information direction curing this situation by using fact the moisture you're saying is coming from the factor, similar to damp in a cellar. ideally you decide on a vented hollow area wall yet this may be relatively high priced. are you able to attend to to pay for to place a supplementary thermal block wall to the top of your situation on your room and vent the hollow area you create to the exterior? additionally value you some 9 inches i assume in floor width. additionally examine with the close by construction inspectors, they might have the capability to furnish suggestion. they'd have had this situation beforehand. are you able to get a grant? One final theory, is your floor sturdy or suspended. If suspended is it sparkling and are the vents all sparkling.

2016-12-26 18:24:21 · answer #4 · answered by Anonymous · 0 0

If there are photos of the garbage along your wall then they may be liable for all that crap damaging your property. There was a witness to the garbage so it's documented hopefully. Did they have a right to place that stuff against your wall. They should pay at least half for any necessary repairs.

2007-09-25 17:38:07 · answer #5 · answered by Tellin' U Da Truth! 7 · 0 0

Like on the seinfeld episod where they carted trash away in jerry's sabb LOL soory it's not funny to you. I think if you really want the trash out of there and they aren't making progress I would start hauling it away myself maybe they'll see you and feel bad. But if you want something done you uualoly have to do it yourself. Good Luck!

2007-09-25 08:40:33 · answer #6 · answered by Kimberly H 2 · 0 0

I doubt you have standing to sue since maintenance of your property is really up to you. If it were me, I'd send them a 48 hour notice and then give them a week. You need to clear this up soon.

2007-09-19 07:14:32 · answer #7 · answered by Webster 2 · 0 0

You may want to talk to a lawyer first. The repair is likely to be very expensive. I doubt you have a case but its worth checking. I'd take a picture to show a lawyer before they remove it.

2007-09-19 08:00:42 · answer #8 · answered by paul 7 · 1 0

It's a very good sign that your neighbors agreed to move it (they were probably not aware).

I would give them 30 days. It might be a good idea to send them a letter (keep a copy) to memorialize this agreement.

2007-09-19 07:07:11 · answer #9 · answered by Anonymous · 2 0

I would send them a registered letter asking that they move the rubbish and give them one week to move it ,and if they don't comply I would talk to a Lawyer.
I don't think you are being petty at all.
Good luck

2007-09-19 07:12:08 · answer #10 · answered by barbie doll 4 · 1 0

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