Neighbours garden

Neighbours garden

Postby k.skinner2 » Sun Oct 09, 2016 2:14 pm

Hi everyone this is my 1st post hopefully someone can guide me. It all started in January when my tenants moved out, I decided to get it all plastered, I took the wallpaper off and noticed that the plaster was hollow sounding, I began to knock it and approx 10ft long by the height of the wall fell off. I didnt think anything of it as about 15 yrs previous I had the same damp problem, went next door and he had built his garden up against my wall, he was very ill so i said I'd do it for him I dug a trench and built a retaining wall, the wall dried quickly no problem. Fifteen years on my new tenants after around 2 months ranfg me and said the wall wasnt drying out. I went round to clearly see about 13ft of my lounge and 10ft of my kitchen was damp. I moved my tenants out and found that the new neighbours who had done extensive work on their house next door had simply knocked the retaining wall down and built a lovely turfed garden up against my wall. I got my insurance out who said they would pay for everything except the tanking and 50% of the dry side of my kitchen, they awarded me £12,500 and I had to pay £4,500. I went round to the neighbours on numerous visits and asked them to make it so their garden wasnt touching my wall, they aid theyd have a word with their builder (yeah right) a couple of weeks on my insurance company is seeking to retrieve their losses from the neighbours insurance, and solicitors are trying to retrieve their £12,500 and my £4,500 plus £200 excess. Now they are being uncooperative and said to my wife they have no insurance. Now what I'd like to know is 1st of all no building regs would have said build a turfed garden up against my wall and I thought it was a legal requirement to have insurance? Whether they are playing a game I don't know, why wouldn't they tell my insurance company who their insurance company is? Surely this is better than being sued? I have sent a letter to the local council explaining this is in breach of any building regulations. My insurance company I presume would seek to sue if they can't retrieve our money? Is this the case or would I have to sue over damage to my property? He still hasnt moved the garden but why would he go through all the legal wrangle when he has clearly caused approximately 16.5k worth of damages? Is there anything else I can do but wait for my insurance solicitors? It all seems odd, he's not without money so why risk the losses? Anyone have any ideas on what I can do or can't do would be greatly appreciated many thanks karl
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Re: Neighbours garden

Postby despair » Sun Oct 09, 2016 6:09 pm

Do you have legal expenses cover ?

If you do sue him separlatey
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Re: Neighbours garden

Postby k.skinner2 » Sun Oct 09, 2016 7:20 pm

Would I need to sue him separately, when the insurance firm is already dealing with it? Can someone tell me is it a legal requirement, like car insurance to have house insurance? What if its tenants that are in there? Do you have to have insurance on a buy to let? thanks in advance regards karl
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Re: Neighbours garden

Postby Collaborate » Mon Oct 10, 2016 7:19 am

Sounds like the insurance company have included your excess in the claim, but best to check anyway.

At least they own their property, so you can enforce the order against that.
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Re: Neighbours garden

Postby COGGY » Mon Oct 10, 2016 7:41 am

As your Insurance Company are dealing with it I think it is wise to leave it to them. Do yoou have a mortgage on the property? If so are the Building Society aware of the problem? Regards Coggy
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Re: Neighbours garden

Postby k.skinner2 » Mon Oct 10, 2016 12:07 pm

Yes the mortgage company are aware. Yes the £200 excess was also included and I had to pay that also. If they are saying they havent got insurance (which may be lies) is it a legal requirement to have insurance? If they haven't would the insurers follow the lines of suing them?
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Re: Neighbours garden

Postby COGGY » Mon Oct 10, 2016 2:01 pm

Hi

I don't know the procedure if they do not have house Insurance, but they do own a house. I would not expect that they could simply say they have no Insurance so cannot pay but just keep their house. They may need to sell the house to pay you. Do not feel sorry for them and make allowances. We are all responsible for our own actions. Your Insurance Company will be able to see if they do have Insurance or not. You have paid for Insurance cover so let them deal with it. They have much more power than any individual person. If you read on this site there are many occasions when people have Insurance cover but the Company refuse to take action. Your Company are taking action, stay with them. Good luck Coggy
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Re: Neighbours garden

Postby k.skinner2 » Mon Oct 10, 2016 2:51 pm

Thats great Coggy thankyou, I think its just a get out saying they dont have insurance, but why they would do this is beyond me? Maybe they think my insurance company will just go away I don't know, I do feel for them if their taken to court etc, but like you say I pay for my insurance, £4500 of my own money had to be put into it because of their actions and £12.500 of the insurance money so £17,000 is an awful lot of money if they don't have insurance, they actually own 2 houses next door but 3 to each other, I have also filed a complaint to the local council for a breach of planning permission, as no way was planning permission given to build a garden 3 ft high against my external wall. They have also done extensive work to the house in question, so I certainly hope they went through all the proper channels with extending their house. To be honest I just want my £4,500 back, it caused me an awful lot of distress aswell at a time when I had to resign from my post due to illness. Like you say Coggy I paid my insurance for such events, bizarrely my insurance would pay for the damp side of kitchen but not for the tanking (the sheeting I went with not the cement based) which left the dry side of my kitchen a different colour so the insurance paid half and I had to pay for half of the dry side aswell! I know the solicitors are in contact with them im awaiting their outcome
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Re: Neighbours garden

Postby despair » Mon Oct 10, 2016 3:06 pm

just in case do be sure to check whether you also have legal expenses cover too on your mortgage or insurances

if they own 3 properties and are letting them out they should have landlord insurance
what might be the case is they are in breach of the terms of their insurance and thus their insurers are refusing to idemnify them

hence you need to ask your insurers for updates and info because they may need to sue them and they will loose their houses if they cant or wont pay
keep a careful watch and record all car reg numbers etc ,photos etc are useful every bit of evidence just in case this lands in court
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Re: Neighbours garden

Postby SwitchRich » Wed Oct 12, 2016 1:57 pm

You can own a house and chose not to insure it ONLY if you do not have a mortgage!
If you have a mortgage then it is a requirement from the mortgage provider that you have and can prove you have it if they ask for it.
You should be able to tell if your neighbour has a mortgage from the deeds of the property.
If there is no mortgage then it could be that your neighbour does not have insurance. In which case they are in a lot of trouble.
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Re: Neighbours garden

Postby k.skinner2 » Wed Oct 12, 2016 4:35 pm

How can you find out from the deeds if the property is insured? Obviously the insurance company will know instantly if their property is insured? Would I as just a member of public be able to find out if the property is insured? Can the deeds be looked at publicly..so many questions and thankyou for your advise. Im awaiting to see how far my insurers are with the dispute, I assume I won't be able to do more than my insurance, if they don't think they want or cant get their and my money back and give in, would it be wise to sue for damages? thanks again karl
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Re: Neighbours garden

Postby COGGY » Wed Oct 12, 2016 4:57 pm

Hi
I do not have experience of claiming against a person who does not have Insurance but cannot imagine that many Companies would just let it go. They have the people qualified to deal with it and would, I feel sure, claim back money they have paid out. In your shoes I would be guided by the Insurance Company and would stay with any advice they give you. If they are unable to claim back the money (unlikely imo) then it seems unlikely you could do so.

Let the Insurance Company deal with it, that is why you paid them. Regards Coggy
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Re: Neighbours garden

Postby MacadamB53 » Wed Oct 12, 2016 5:16 pm

k.skinner2 wrote:How can you find out from the deeds if the property is insured? Obviously the insurance company will know instantly if their property is insured? Would I as just a member of public be able to find out if the property is insured? Can the deeds be looked at publicly..so many questions and thankyou for your advise. Im awaiting to see how far my insurers are with the dispute, I assume I won't be able to do more than my insurance, if they don't think they want or cant get their and my money back and give in, would it be wise to sue for damages? thanks again karl
you've misunderstood - it is whether a mortgage has been registered that you can see on a property's title register at HMLR (and if one has then the lender will have insisted on insurance).
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Re: Neighbours garden

Postby mugwump » Wed Oct 12, 2016 6:09 pm

MacadamB53 wrote:
k.skinner2 wrote:How can you find out from the deeds if the property is insured? Obviously the insurance company will know instantly if their property is insured? Would I as just a member of public be able to find out if the property is insured? Can the deeds be looked at publicly..so many questions and thankyou for your advise. Im awaiting to see how far my insurers are with the dispute, I assume I won't be able to do more than my insurance, if they don't think they want or cant get their and my money back and give in, would it be wise to sue for damages? thanks again karl
you've misunderstood - it is whether a mortgage has been registered that you can see on a property's title register at HMLR (and if one has then the lender will have insisted on insurance).


The bad news Mac is that the mortgage lender normally never chases it up after giving out the mortgage. Apart from asking on the initial granting of the mortgage, none of the lenders that I have had have never again checked on it.
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Re: Neighbours garden

Postby despair » Wed Oct 12, 2016 7:42 pm

If the owners have 3 properties there should be some collateral there somewhere that the insurance co can put a lien on or force the sale of to recover what they and you are owed
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