In 2023, I procured a row house, the condition of which was verified by my surveyor before the acquisition. Not long after my relocation to the house, the neighbouring home embarked on a structural amendment. The task involved building an extension towards the rear which extended beyond the uniformity of our terrace houses. To my dismay, the workers utilised my rooftop, adjacent to my bedroom window as a work platform and my yard for scaffolding erection – all without my consent. Moreover, I would return home to discover scaffolding placed behind my kitchen.
Two months post-move, water seepage began around my downstairs loo tiles and over my back exit. Significant moisture was also observed behind the boiler upstairs. The root of these problems was decoded by a roofer I employed:
– The failure to re-route a drainpipe from the adjacent house when their extension was constructed, resulting in water cascading on my lower roof.
– Severance of my rooftop drainage system (without aforemention) to install a new one for their extension, leading to water seeping onto the wall behind my boiler upstairs.
The construction firm and owner were immediately notified. The rooftop drainage was repaired promptly the subsequent week. Temporary rerouting of the drainpipe was initiated by my roofer, thereby resolving the leaking issues.
However, by the year-end, the neighbours continued the extensions plastering while disregarding the downpipe installed by my roofer, claiming plaster drying necessity. The downpipe is yet to be reattached two months down the line, reinitiating water intrusion within my bathroom and kitchen.
Throughout this ordeal, the contractor nor the owner have made attempts to accommodate the associated expenses that I have bore or am to bare due to the re-plastering, re-tiling and possible boiler replacement requirement. Thus, I’m compelled to seek advice on the next step as well as liability perspective. Also, a recommendation is needed for an expert assessment on the repair costs to ensure rightful indemnification.
The inference that your neighbours’ actions may be linked to the problems your property is now experiencing could stem from the fact that these complications materialised precisely after they commenced their work. However, there’s a need to engage the expertise of your surveyor or an equivalent professional adept at assessing the work, diagnosing the resulting damages, and opining what might have precipitated these problems. Even though you can identify some of the damages yourself, a surveyor’s knack of noticing less obvious issues is invaluable. Hence, securing a professional report from the outset is paramount.
When your neighbours are deemed responsible for inflicted damages on your property, they become accountable for the cost required to rectify and restore damages. Besides a surveyor detailing the damages, it’s often necessary to employ a quantity surveyor to provide an approximate cost for the repair works. An overarching understanding of the damage severity and the subsequent remedial expenses are vital before you proceed with negotiations with your neighbour.
Our advice is to:
– Initiate a conversation with your neighbour, clarify your stance, invite them to agree to shoulder the costs for repairs and discuss the completion timeline for the work involved.
– If they oppose the agreement initially, propose mediation as an alternative method for resolving disparities without resorting to a court ruling.
– If mediation isn’t fruitful, contemplate engaging a legal advisor. The advisor might suggest drafting a lawyer’s letter highlighting your demand and potentially exploring further mediation or lawsuit based on your neighbours’ response.
Ideally, an amicable resolution with your neighbour minimising the necessity for court proceedings is the best outcome. However, sometimes, the court is the only platform to enforce third parties’ obligations. Let’s hope it doesn’t escalate to that point in this case.
Taking into account the time your neighbours are given to rectify problems, it is critical to undertake swift action. Delaying could potentiate the risk of jeopardising your claim. Therefore, take immediate action, document evidence of property damage with photographs as they occur, and avoid consenting to further damage to your property.
This piece is written by solicitor Samantha Geraghty from P O’Connor & Son.
This section serves our readers, proffering general information through our Property Clinic. It should be noted that it doesn’t serve as professional advice that readers can lean on. Before proceeding to act or deciding against a course of action based on this content, it is recommended you seek expert or professional advice.