digging 1 metre away

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Uphillmicrobe34
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Joined: Wed May 02, 2018 11:32 pm

digging 1 metre away

Post by Uphillmicrobe34 » Tue Jul 31, 2018 10:44 am

The house next door has been underpinned ( coils put under) they have been a metre away from my garage ,we have long standing movement,the company was cara ,should they have served notice ,was it the right to dig so close to my garage wall with the problems we have
Without speaking to us first as I am struggling to open my garage door as it leans towards the dig area

jonahinoz
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Re: digging 1 metre away

Post by jonahinoz » Tue Jul 31, 2018 8:01 pm

... the company was cara ...

Hi,

Ask for the name of their insurerers. It might concentrate their minds.

Does the PWA cover garages?

John W

Uphillmicrobe34
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Joined: Wed May 02, 2018 11:32 pm

Re: digging 1 metre away

Post by Uphillmicrobe34 » Tue Jul 31, 2018 10:24 pm

Also they have caused my car to be an insurance write off as they removed the render of the house and covered my car in it £6500 to repair it I have given the 45 page documents to there insures

Bern a knighmareehere

The garage has my extension attached to it,I would have thought any digging 4 feet away you would have to serve notice on us , but no nothing

ukmicky
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Re: digging 1 metre away

Post by ukmicky » Tue Jul 31, 2018 11:08 pm

Yes is the answer
Any information provided is not legal advice and you are advised to gain a professional opinion

Uphillmicrobe34
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Re: digging 1 metre away

Post by Uphillmicrobe34 » Tue Jul 31, 2018 11:33 pm

What level of digging is required to seve notice on ajoining property

ukmicky
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Re: digging 1 metre away

Post by ukmicky » Wed Aug 01, 2018 2:39 am

if he is digging within 3 meters of your foundation he needs to use the party wall act if he is digging below the depth of your foundations
Any information provided is not legal advice and you are advised to gain a professional opinion

Uphillmicrobe34
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Re: digging 1 metre away

Post by Uphillmicrobe34 » Wed Aug 01, 2018 11:50 am

He was at least 6 feet down , how do I know how deep my garage foundations are ?

ukmicky
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Re: digging 1 metre away

Post by ukmicky » Wed Aug 01, 2018 10:49 pm

it can depend on what the type of soil the extension is built on but If it a single story extension they wont go down anywhere near 6 foot and even a double story wont normally go down that far
Any information provided is not legal advice and you are advised to gain a professional opinion

Uphillmicrobe34
Posts: 16
Joined: Wed May 02, 2018 11:32 pm

Re: digging 1 metre away

Post by Uphillmicrobe34 » Thu Aug 02, 2018 5:47 pm

Thanks mate , were do stand with this matter am I entitled to damages or an apology I have no idea with this ✌

ukmicky
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Re: digging 1 metre away

Post by ukmicky » Thu Aug 02, 2018 11:14 pm

If the work is still going on you can ask them to stop until they send you the appropriate notices under the party wall act. If they do not stop you would be able to gain an injunction which will force them to stop.

If the work has finished there is not much you can do . The party wall act has no procedure that you can use which will allow you to gain damages for them failing to use the act.

If damage is caused to your property that you believe may have been caused by their work either now or in the future you would require an experts opinion to that fact and would need to take them to court.
Any information provided is not legal advice and you are advised to gain a professional opinion

jonahinoz
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Re: digging 1 metre away

Post by jonahinoz » Fri Aug 03, 2018 7:31 am

Hi,

Write them a letter holding them responsible, saying that you intend to claim for the damage, but will take no action until September 1st, to give their insurers time to inspect your property. Copy the letter to your insurer.

My experience was that my own insurers required me to have an initial inspection by a surveyor, at my own expense. IF the surveyor declared there was subsidence, my insurers would take over, and refund the surveyos fees. No subsidence, no refund. They also wanted to know if I had the house surveyed when I bought it. I hadn't, but it wasn't a deal breaker. The under-pinning cost more than I paid for the house.

John W

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