shared wall
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lina
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shared wall
Asked forum for advice last year and neighbour agreed we had not caused damp problem between his internal wall and our external terrace wall - his property is higher than ours. Now though he has asked for access to insulate his wall from our side. We replied before agreeing access we needed to know if this meant he would be making the wall thicker so encroaching on our space. He didn't reply for months but has now replied demanding access and quoting civil code 682 and 683 and threatening High court action. We want to know the nature of the work before agreeing access. We are worried that the insulation may be three inches thick - losing some of our roof terrace and impacting on our roof tile seals. We can reply reiterating our request for more information or should we talk to a surveyor or solicitor. His letter was not from a solicitor. we also think he could insulate from his side although his contractor proposes this solution. Any ideas?? Thanks
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martyn94
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On the face of it, these two articles just give him right of passage through your property to get to his, if he can't get to it by the public highway (which doesn't seem likely). It doesn't say anything about doing works or encroaching on your space. But no doubt there are other provisions bearing on party wall issues that he hasn't yet found.
It seems alarming that you are only the thickness of a wall apart, but are only communicating by letter, and then badly. Even if right is entirely on your side, disputes like this tend to turn out badly. If you don't get on with him, have you thought of speaking to the contractor, to find out why he wants to do it this way, and how thick, and how he would handle your roof tiles?
It seems alarming that you are only the thickness of a wall apart, but are only communicating by letter, and then badly. Even if right is entirely on your side, disputes like this tend to turn out badly. If you don't get on with him, have you thought of speaking to the contractor, to find out why he wants to do it this way, and how thick, and how he would handle your roof tiles?
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lina
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shared wall
Neighbour has changed tack - says he wants to have an expert visit both sides to determine the nature of the damp. This seems more sensible but he has got us worried by previously seeking to insist we reseal our terrace and have insulation materials encroaching on our walls. So we still feel we have to be careful now - particularly that the expert is an expert.
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martyn94
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Re: shared wall
Why not instruct your own expert to visit at the same time, if it matters enough? There are rules about this in the context of an insurance claim (which I assume is not so here, or else your own insurers would be running things). But even if not, any genuine expert should be used to the idea. In an ideal world, they might even agree on what the problem is, and how it might best be solved.lina wrote:Neighbour has changed tack - says he wants to have an expert visit both sides to determine the nature of the damp. This seems more sensible but he has got us worried by previously seeking to insist we reseal our terrace and have insulation materials encroaching on our walls. So we still feel we have to be careful now - particularly that the expert is an expert.
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lina
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Funnily enough we have just been thinking we might be best of instructing our own expert.
I am not sure if they could make an insurance claim. We think the damp was caused when they constructed their roof terrace - it is much bigger than ours and involved building walls and a turret. We think it changed the environment. We doubt the contractor was that good. I have read somewhere that building work is supposed to be guaranteed for 10 years but is that just new builds. He did the construction about 4 -5 years ago.
I will talk to my insurance company though.
Thanks.
I am not sure if they could make an insurance claim. We think the damp was caused when they constructed their roof terrace - it is much bigger than ours and involved building walls and a turret. We think it changed the environment. We doubt the contractor was that good. I have read somewhere that building work is supposed to be guaranteed for 10 years but is that just new builds. He did the construction about 4 -5 years ago.
I will talk to my insurance company though.
Thanks.
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martyn94
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For what it's worth, the guarantie decennale is not just for new builds, but also for serious works of reconstruction etc, see herelina wrote:Funnily enough we have just been thinking we might be best of instructing our own expert.
I am not sure if they could make an insurance claim. We think the damp was caused when they constructed their roof terrace - it is much bigger than ours and involved building walls and a turret. We think it changed the environment. We doubt the contractor was that good. I have read somewhere that building work is supposed to be guaranteed for 10 years but is that just new builds. He did the construction about 4 -5 years ago.
I will talk to my insurance company though.
Thanks.
http://droit-finances.commentcamarche.n ... -decennale
But that is your neighbour's issue more than yours. At least for the moment.