DAMP CAUSED BY NEIGHBOUR

[gaz1]

first of all understand whats been done

the lounge / kitchen area on ground level has no damp, op wont answer me where it is

this means its had a cellar conversion at some point in its life

the driveway used to be either soil or some other usage

fitting pebbles as hardcore wouldnt cause the damp as the driveway does have a slope back towards the original driveway

the pointing is at a bad state of repair and you can see the cracks on the pics

is the driveway at fault no
could it be the cellar conversion yes as no longer able to breath

it has no reference to the party wall act and also has no reference to building the soil/driveway any higher than what was previously there

 

[Damper]

Tried for 5 years down the legal route ..no one could do anything ..did do this when the original owners laid the gravel drive .. didnt get anywhere , then they sold it

 

[Other Daniel]

An ongoing legal dispute should surely have been flagged up during
the sale of the property ?

 

[Damper]

first of all understand whats been done

the lounge / kitchen area on ground level has no damp, op wont answer me where it is

this means its had a cellar conversion at some point in its life

the driveway used to be either soil or some other usage

fitting pebbles as hardcore wouldnt cause the damp as the driveway does have a slope back towards the original driveway

the pointing is at a bad state of repair and you can see the cracks on the pics

is the driveway at fault no
could it be the cellar conversion yes as no longer able to breath

it has no reference to the party wall act and also has no reference to building the soil/driveway any higher than what was previously there

Basement room has always been there, no conversion.. .extension added to the rear ..

 

[gaz1]

if you really want to play down the party wall act it works both ways

say goodbye to your gas pipe and also say goodbye to your flue

 

[JOEPRO]

first of all understand whats been done

the lounge / kitchen area on ground level has no damp, op wont answer me where it is

this means its had a cellar conversion at some point in its life

the driveway used to be either soil or some other usage

fitting pebbles as hardcore wouldnt cause the damp as the driveway does have a slope back towards the original driveway

the pointing is at a bad state of repair and you can see the cracks on the pics

is the driveway at fault no
could it be the cellar conversion yes as no longer able to breath

it has no reference to the party wall act and also has no reference to building the soil/driveway any higher than what was previously there

Gaz, you are a builder you say.

Not qualified to comment on this sorry just being blunt.

Tried for 5 years down the legal route ..no one could do anything ..did do this when the original owners laid the gravel drive .. didnt get anywhere , then they sold it

I do not know the details of your case.

But it was very poorly handled as this would have been an easy one to resolve IMO. At the time. Not now.

I am a chartered professional who has specialised in such cases before and acted as professional witness in court for several such cases.

I have an architectural background. I would have the following minimum information to hand:

Certified Aerial Photos showing the history of the issue

Digital topo survey of the area including detailed cross sections of your home.

A report including input from an RICS surveyor and tanking specialists outlining the issue in great detail.

This would have been easy if approached correctly and with sufficient skill and knowledge. Sorry to say solicitor's aren't up to the task on their own.

This was a past life of mine I have a different role now and up to my neck so that's all ill say on the subject and hope pointing out correct approach and party wall act is of some assistance.

If legal routes failed you as you say and you don't want to go down that route again then hire the services of an architect and tanking specialist. You can address this at your home. Including doing an internal drained tanking system. Not ideal but if done correctly it will fix your damp issues for good.

 

[gaz1]

Basement room has always been there, no conversion.. .extension added to the rear ..

im sorry i disagree it has had a conversion to make it into a room youve extended it at the back putting in damp coarse at that point

your claim is false as the original building didnt have a cellar conversion and also didnt have a damp coarse fitted in the 1900s

fitting that driveway wouldnt cause you any problems due to the soil or area at side of the property as long as it dosnt slope to your property that it apears that it dosnt and also slopes to the rear of the property

the stone to the bottom right of this pic tells me it used to be some sort of soil area to your property at one time



your claim has no bearing on the party wall act or your claim that that driveway has caused you damp issues when you have poorly maintained pointing and the damp is within the cellar area

 

[Damper]

im sorry i disagree it has had a conversion to make it into a room youve extended it at the back putting in damp coarse at that point

your claim is false as the original building didnt have a cellar conversion and also didnt have a damp coarse fitted in the 1900s

fitting that driveway wouldnt cause you any problems due to the soil or area at side of the property as long as it dosnt slope to your property that it apears that it dosnt and also slopes to the rear of the property

the stone to the bottom right of this pic tells me it used to be some sort of soil area to your property at one time

View attachment 389972

your claim has no bearing on the party wall act or your claim that that driveway has caused you damp issues when you have poorly maintained pointing and the damp is within the cellar area

 

[JOEPRO]

im sorry i disagree it has had a conversion to make it into a room youve extended it at the back putting in damp coarse at that point

your claim is false as the original building didnt have a cellar conversion and also didnt have a damp coarse fitted in the 1900s

fitting that driveway wouldnt cause you any problems due to the soil or area at side of the property as long as it dosnt slope to your property that it apears that it dosnt and also slopes to the rear of the property

the stone to the bottom right of this pic tells me it used to be some sort of soil area to your property at one time

View attachment 389972

your claim has no bearing on the party wall act or your claim that that driveway has caused you damp issues when you have poorly maintained pointing and the damp is within the cellar area

You are clueless mate

 

[Damper]

The wall inside is a stone stairway ...then a basement room , which has always been there ..no conversion . The gravel slopes downwards to the rear , as does their original drive. But it also slopes inwards towards my house

 

[Pete.]

if you really want to play down the party wall act it works both ways

say goodbye to your gas pipe and also say goodbye to your flue

Do me a favour the party wall act won't cover either of those unless they are being or were installed since the change of ownership. The land search/survey should have flagged them and any objection raised before purchase. Since they have obviously long since been fitted and unopposed you can't apply the act retrospectively for that flue or pipe.

 

[JOEPRO]

Maybe ask the neighbours if you can temporarily dig right at the edge of the wall to put in membrane and then replace it to exactly how it is now.

Yes.

With a continous ground drain placed externally at the base, at a level below the internal floor levels and protective sheet drain placed against the wall and laid down over same. This addresses only the external side and not the internal finishes which also requires a proprietary internal draining tanking system.

 

[Damper]

When they put this gravel /earth there, they covered up the gas boiler release pipe , which british gas wouldn't have installed underground ..

 

[Seadog]

built 1900s dosnt have damp coarse

damp inside house dosnt tell me much

3ft up the inside wall from floor level or cellar level

beaware im a builder ive seen it all and done the work to it

what your pointing too is cellar level

My house was built in 1903. It does have a damp course.

 

[Seadog]

When they put this gravel /earth there, they covered up the gas boiler release pipe , which british gas wouldn't have installed underground ..

Which was when?

 

[Damper]

In reply to Gaz1 , these terrace houses are all on 3 floors and everyone of them has a basement living area/,kitchen ...none of them converted

 

[JOEPRO]

My house was built in 1903. It does have a damp course.

Correct gaz making assumptions here and we know what those do....

Questions for OP (to assist)

1: What is your wall construction? 225 solid brick etc.
2: Does it have a damp proof course to your knowledge? Typically slate in that era. Or has it been treated in the past? With electro osmotic system or chemical DPC?
3: When was that pointing done and crucially is it lime or cement?
4: What is the internal finish? Lime plaster? Or cement scud coat? Is there any insulation and if so what is it? Is there drying lining if so provide details.
5: Is the building listed or protected?

 

[Damper]

Which was when?

Around 2010

 

[Seadog]

Around 2010

Whether that's of help, I don't know. But it does provide a time frame

 

[Cato]

Around 2010

Google earth was around in 2005, and the historical version goes back to 1945 for a lot of areas. You shouldn't have much trouble proving it wasn't always there.