Shed attached to party wall

tiberius44
Posts: 23
Joined: Thu Mar 29, 2018 10:38 am

Re: Shed attached to party wall

Post by tiberius44 »

"A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence"

I mean I told him about the damp problem so I do think is criminal damage because of being reckless as well as drilling into the wall, using the black glue sealant to attach the roof....?
ukmicky
Posts: 5729
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Shed attached to party wall

Post by ukmicky »

The police won’t get involved because they need to know that the wall is 100 percent yours and unfortunately your solicitor saying it is yours is not enough evidence that it is.

If it were there wouldn’t so many cases going to court each year with people arguing over fence or wall ownership.
Any information provided is not legal advice and you are advised to gain a professional opinion
Collaborate
Posts: 3636
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Shed attached to party wall

Post by Collaborate »

Neither your insurers or the police will get involved over a hole drilled in your wall because it is a trifling thing to get worked up about. The police have better things to do and there will be a clause in your insurance policy that allows them to refuse to take your case on if a reasonable person would not spend their own money prosecuting a case.

I’m sorry you don’t like the answer you’ve been given but that isn’t going to change the answer or the response from the police and your insurers.

You do have a remedy. Small claims court seeking damages and either act for yourself or pay your lawyer a couple of thousand pounds. The judge may still kick it out as being too insignificant a dispute for the court to deal with. But if you dip your hand in to your pocket and commission that damp report you may be able to convince the insurers the damage is more meaningful. It is also a test for you. Are you determined enough to take action that you will pay a few hundred for a damp report in the hope your insurers may agree to pay for you to be represented, or is it not a risk worth taking? If the latter, you cannot expect the insurers to assume that risk.
tiberius44
Posts: 23
Joined: Thu Mar 29, 2018 10:38 am

Re: Shed attached to party wall

Post by tiberius44 »

Ok thank you collaborate I am employing a damp survey anyway as I am converting the garage to living space. I dont think is right though what they did to my wall at all. And I m not sure of why is considered a minor thing. If I did the same to their wall they would go mad.
If the LEI wont help after the damp survey I will try the small court for an injuction.
I ll update when I have some results.
One thing confuses me about this being minor.... I have seen people being fined for just painting the neighbors fence on their side of the garden. Is even on the citizens advice site that one must not drill or do anything harmful to someone else property so I am very confused why everyone thinks this is minor.
Shed has no gutters. Roof glued to my wall. Surely even the rain water running down my wall is a nuisance alone.
Collaborate
Posts: 3636
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Shed attached to party wall

Post by Collaborate »

tiberius44 wrote: Fri Feb 04, 2022 9:03 am Ok thank you collaborate I am employing a damp survey anyway as I am converting the garage to living space. I dont think is right though what they did to my wall at all. And I m not sure of why is considered a minor thing. If I did the same to their wall they would go mad.
If the LEI wont help after the damp survey I will try the small court for an injuction.
I ll update when I have some results.
One thing confuses me about this being minor.... I have seen people being fined for just painting the neighbors fence on their side of the garden. Is even on the citizens advice site that one must not drill or do anything harmful to someone else property so I am very confused why everyone thinks this is minor.
Shed has no gutters. Roof glued to my wall. Surely even the rain water running down my wall is a nuisance alone.
I know I called it the small claims court, but that is shorthand for the small claims track. It is the County Court. Small money claims go in the small claims track. If you are seeking an injunction as well then it won't be the small claims track, which means the potential for costs orders against the losing party.
tiberius44
Posts: 23
Joined: Thu Mar 29, 2018 10:38 am

Re: Shed attached to party wall

Post by tiberius44 »

Thank you. See how it goes but is outrageous people can do things like this. And this was done months before we had a disagreements and when we were on very good terms just after I bought the house.
I will leave it here and seek advice from the LEI.
Thank you very much for all the advice
tiberius44
Posts: 23
Joined: Thu Mar 29, 2018 10:38 am

Re: Shed attached to party wall

Post by tiberius44 »

Collaborate you are 100% right the police will not get involved. They would have done if it was the fence but because is unclear to them who owns the wall they wont get involved.
I spoke with a very nice officer who said best thing is to damp proof the wall inside and move on with my life.
I am still furious but will drop this. It is a big deal as my right to repair my own wall is now been removed by the neighbor and is little I can do.
tiberius44
Posts: 23
Joined: Thu Mar 29, 2018 10:38 am

Re: Shed attached to party wall

Post by tiberius44 »

Hi can anyone recommend a reliable damp surveyor Surrey/Hampshire or Berkshire please?
I ve tried checkatrade and mybuilder but I dont know who to pick.
Thank you
ukmicky
Posts: 5729
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Shed attached to party wall

Post by ukmicky »

If it’s single skinned and you have no access to the side the moisture is coming from I can’t see how it can tanked or damp proofed through any other means.
Any information provided is not legal advice and you are advised to gain a professional opinion
Post Reply