Garden soil against side of my house causing internal damp

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Germontech
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Garden soil against side of my house causing internal damp

Post by Germontech » Thu Apr 26, 2012 3:39 pm

Hi all,
new to these boards but need a bit of advice if anyone has any.

About 6 months ago, my neighbour remodelled their front garden, the side of which abuts the end wall of my house. Originally there was a small amount of soil piled against my house, the garden was grassed and a small path was close to the side of the house. When remodelling they put in new drainage pipes, removed the path and levelled the soil off to a higher level against the side of my house, in addition they built a stone path.

At the time of remodelling I said I thought the soil was higher, and I was worried about it, then a number of months later damp appeard on the inside of the wall which the soil sits against. I mentioned this and was told that the soil was the same height and that the drainage would have improved matters.

From my point of view, the soil is higher, the volume of soil is substantially more, the new path acts to increase run off from the vast amounts of rain we get up in Scotland and all the grass has been removed to be replaced by stone chips.

The owner is not living there at present and I had asked her builders to contact me which she unfortunately never did. On seeing her today she informed me that in her opinion the soil was no higher, that it was ok to have it against my house, that the damp could be from some other reason and that she had already brought it up with a solicitor (apparently she was there on another matter) and that she was in the right.

I am looking to get her to remove the soil down to the foundation level of my house, pay for the damage to the lathe and plaster/wallpaper and perhaps put in a retaining wall so it does not happen again.

I have seen on this forum people saying you should use your home insurance policy (if it contains legal support) however mine does not.

I doubt she will acquiesce, therefore is a solicitor the right way to go or is a surveyor better?

Many thanks for any help or advice that I can use

despair
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Re: Garden soil against side of my house causing internal da

Post by despair » Thu Apr 26, 2012 4:30 pm

If her soil is piled above the damp course she is unquestionably in the wrong and will be liable for the full cost of damage and repairs to your wall etc

so you need to establish exactly where the soil is in relation to your dampproof course

all soil should remain 2 bricks below damp course level

have you also checked mortgages /credit cards and union memberships for legal expenses cover since your poor quality house insurance does not include it

arborlad
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Location: Hertfordshire

Re: Garden soil against side of my house causing internal da

Post by arborlad » Thu Apr 26, 2012 4:50 pm

Germontech wrote:.............. the lathe and plaster
Unlikely to have a DPC then, unless it's an injected one.
arborlad

smile...it confuses people

hzatph
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Re: Garden soil against side of my house causing internal da

Post by hzatph » Thu Apr 26, 2012 11:47 pm

arborlad wrote:
Germontech wrote:.............. the lathe and plaster
Unlikely to have a DPC then, unless it's an injected one.
Or slate.

Moz75
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Joined: Wed Feb 12, 2020 1:43 pm

Re: Garden soil against side of my house causing internal damp

Post by Moz75 » Wed Feb 12, 2020 6:41 pm

I’ve lived in my property for 7 years and had 2 damp courses, I’ve figured out where the damp is coming from before it happens again.
my neighbours land is 7 bricks higher than our floor level against our gable wall and even though her land is just under the dpc it is still 7 bricks higher than at the front and back of our house we’re the dpc is 1 brick higher than our floor level,
What is the recommended height of dpc from the ground level of an house ?

Viola
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Re: Garden soil against side of my house causing internal damp

Post by Viola » Thu Feb 27, 2020 2:08 pm

Moz75 wrote:
Wed Feb 12, 2020 6:41 pm
What is the recommended height of dpc from the ground level of an house ?
150mm [ or 6" ] which around about 2 brick courses.

Image

SJC14
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Re: Garden soil against side of my house causing internal damp

Post by SJC14 » Tue Mar 03, 2020 10:15 am

Germontech wrote:
Thu Apr 26, 2012 3:39 pm
When remodelling they put in new drainage pipes, removed the path and levelled the soil off to a higher level against the side of my house...On seeing her today she informed me that in her opinion the soil was no higher, that it was ok to have it against my house, that the damp could be from some other reason and that she had already brought it up with a solicitor (apparently she was there on another matter) and that she was in the right.
You have legal access to her garden for maintenance of your wall, so I would check differences where the soil level is or was - there should be a colour difference. Take photos of this as proof of any change.

MacadamB53
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Re: Garden soil against side of my house causing internal damp

Post by MacadamB53 » Tue Mar 03, 2020 11:30 am

SJC14 wrote:
Tue Mar 03, 2020 10:15 am
Germontech wrote:
Thu Apr 26, 2012 3:39 pm
When remodelling they put in new drainage pipes, removed the path and levelled the soil off to a higher level against the side of my house...On seeing her today she informed me that in her opinion the soil was no higher, that it was ok to have it against my house, that the damp could be from some other reason and that she had already brought it up with a solicitor (apparently she was there on another matter) and that she was in the right.
You have legal access to her garden for maintenance of your wall, so I would check differences where the soil level is or was - there should be a colour difference. Take photos of this as proof of any change.
how do you know this? even if the OP had mentioned it - which they didn’t - that was eight years ago....

SJC14
Posts: 100
Joined: Wed Nov 01, 2017 2:23 pm

Re: Garden soil against side of my house causing internal damp

Post by SJC14 » Tue Mar 03, 2020 11:41 am

MacadamB53 wrote:
Tue Mar 03, 2020 11:30 am
SJC14 wrote:
Tue Mar 03, 2020 10:15 am
Germontech wrote:
Thu Apr 26, 2012 3:39 pm
When remodelling they put in new drainage pipes, removed the path and levelled the soil off to a higher level against the side of my house...On seeing her today she informed me that in her opinion the soil was no higher, that it was ok to have it against my house, that the damp could be from some other reason and that she had already brought it up with a solicitor (apparently she was there on another matter) and that she was in the right.
You have legal access to her garden for maintenance of your wall, so I would check differences where the soil level is or was - there should be a colour difference. Take photos of this as proof of any change.
how do you know this? even if the OP had mentioned it - which they didn’t - that was eight years ago....
Whoops - not noticed the date! The Access to Neighbouring Land Act 1992 would have given her the access of course...at the time. Lets hope the house has not rotted in the intervening years :)

MacadamB53
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Re: Garden soil against side of my house causing internal damp

Post by MacadamB53 » Tue Mar 03, 2020 1:22 pm

SJC14 wrote:
Tue Mar 03, 2020 11:41 am
MacadamB53 wrote:
Tue Mar 03, 2020 11:30 am
SJC14 wrote:
Tue Mar 03, 2020 10:15 am


You have legal access to her garden for maintenance of your wall, so I would check differences where the soil level is or was - there should be a colour difference. Take photos of this as proof of any change.
how do you know this? even if the OP had mentioned it - which they didn’t - that was eight years ago....
Whoops - not noticed the date! The Access to Neighbouring Land Act 1992 would have given her the access of course...at the time. Lets hope the house has not rotted in the intervening years :)
does that act apply in Scotland?

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