Neighbours’ garden breaching damp proof course

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Alocinrewog
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Joined: Sat Jun 11, 2022 5:13 am

Neighbours’ garden breaching damp proof course

Post by Alocinrewog »

Hi all,

Thank you for allowing me to join this group.

I live in a very old detached house on a hill. My neighbours’ house and garden is therefore higher than mine.

My issue is that their garden is banked up against the wall of my house…there is no gap to allow for any sort of maintenance on my property.

Every time they water their garden my house smells like a fish tank so I’m guessing my DPC is a lot lower than their ground. I am having massive damp issues in my house. My stairs also run up that (wet) wall so I am concerned about the wood rotting due to the ingress of water from their garden.

I have asked several times if I can purchase just a metre of their land so I can dig out a path alongside my wall, therefore removing the issue but so far they have politely declined.

I’m not sure if there is anything I can do about this issue please?

Thank you all x
arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbours’ garden breaching damp proof course

Post by arborlad »

Alocinrewog wrote: Sat Jun 11, 2022 5:26 am Hi all,

Thank you for allowing me to join this group.

I live in a very old detached house on a hill. My neighbours’ house and garden is therefore higher than mine.

My issue is that their garden is banked up against the wall of my house…there is no gap to allow for any sort of maintenance on my property.

Every time they water their garden my house smells like a fish tank so I’m guessing my DPC is a lot lower than their ground. I am having massive damp issues in my house. My stairs also run up that (wet) wall so I am concerned about the wood rotting due to the ingress of water from their garden.

I have asked several times if I can purchase just a metre of their land so I can dig out a path alongside my wall, therefore removing the issue but so far they have politely declined.

I’m not sure if there is anything I can do about this issue please?

Thank you all x




Is there actually a DPC, if so, the neighbours land should be two clear bricks, 150mm/6" below that. You say it is banked up against your wall, is it higher than surrounding area, is it recent? Absent anything to the contrary, the neighbour will not have a 'right of support' from your wall.

You shouldn't have to purchase a metre of your neighbours land to rectify this - check out Access to Neighbouring Lands Act.
arborlad

smile...it confuses people
Collaborate
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Re: Neighbours’ garden breaching damp proof course

Post by Collaborate »

It all depends on whether they piled up soil on their side to make their garden flat of whether their garden follows the natural lie of the land (ie whether your house was built after the land was levelled by excavation). There should be a clue by looking at the incline of the road.

As Arborlad says, the ATNLA gives you a right to seek access for essential works of repair and maintenance. However adding something to the outside face of your wall is likely to constitute a trespass if the outer face of your wall marks the boundary.
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