For a while now land near to me has been under redevelopment. The land was sold off to a property developer and a mixture of new build houses and old farm building barn conversions commenced.
During the building work, land on the other side of the boundary wall was excavated away down to approx 1 metre deep, which is where the level of my side of the wall is. This was done so they could lay sewage pipes, new water pipes, other service feeds to the houses, etc.
My brick built garden shed forms part of this boundary wall, and after the soil was excavated the other side, I started getting rainwater coming through at the base of the wall. This was made known to the building contractor, who in the short term channelled a trench to take away any rainwater that was pooling the other side of the wall. This all started approx 17 months ago, btw.
Then in December 2020, they backfilled in all the land and put it back to how it used to be. Rainwater then started coming through the wall again, flooding the floor of my shed. I spoke the building contractor again, and they apologised and said they had forgotten to sort it out. So, digging commenced again, putting in a plastic membrane, and also a french drain. All this made no difference and didn't cure the problem. Since then it's been a case of waiting for it to rain (quite why they can't use a hosepipe is anyone's guess, especially when they used one to water the newly laid turf down, which then flooded the shed again) to see if they have solved the problem.
All I seem to keep getting is excuses from them, and then less and less correspondence from them.
The building work is almost complete now, and they are starting to promote things on social media, such as Facebook, Instagram, etc.
Due to the lack of correspondence from them I asked on one of their Facebook posts when were they going to resolve the ongoing issues. The leaky shed isn't the only problem they've caused. I also outlined other standing issues waiting to be rectified.
Anyway, to cut a long story short, this morning I had a meeting with their building director, which was an abrupt conversation to say the least.
Basically he said, "we can't do anything more to resolve this. We have done more than needed as it was. It's our boundary wall, and we can do pretty much what we like to it. We haven't caused this problem. We didn't actually need to do anything."
My reply was "well, I've lived here since 1985, and that garden shed has been as dry as bone until you started excavation work the other side of the boundary wall. So, who has caused the problem if it wasn't you?"
"Sir, if we want to get petty, I could ask you to remove your shed from our wall, and I would be within my rights too. We've done all that we can, and are prepared to do".
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My question to the panel is, if they caused the problem, then should they rectify it? Not just make an attempt to solve it, and then walk away.
My view is that as they have tried resolving rainwater coming through the wall and flooding my shed, they have basically admitted they are to blame for it.
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Sounds as if your 'structure' might straddle the boundary. I don't think it's necessarily relevant that it's a garden shed rather than part of your house.
Perhaps he should have served you a party wall notice before he started?
I don't really know anything of course, and I expect that rabbit hole could be a large warren.
When I demolished my house and cleared the site, I 'found' a boundary wall that had been enveloped by shrubs. It was in poor condition, quite low, and single skin. Stupidly I told the digger driver he might as well take it out.
Of course, it turned out to have been my neighbours wall (it was there before my old bungalow was built, apparently) and he had seemingly been quite attached to it so I was on the hook to replace it. Had I left it, the falling down wall wouldn't have been my problem.
Fortunately my neighbour is a reasonable bloke, for a farmer. I built an improved wall, and he took about 180 tons of surplus muck away for me.
On reflection, we should probably have had a party wall agreement. Luckily we seem to have resolved it.
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My question to the panel is, if they caused the problem, then should they rectify
>> it? Not just make an attempt to solve it, and then walk away.
>>
>> My view is that as they have tried resolving rainwater coming through the wall and
>> flooding my shed, they have basically admitted they are to blame for it.
>>
I can't say I'm an expert but isn't this sort of thing covered by a party wall agreement?
Did you have one?
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Put your hand in your pocket for a lawyer & a surveyor. You might win or you might lose.
The lawyers, on both sides, can spin it out for ages and the surveyor might not come down fully on your side.
OR
Get a new shed built on a new base - path of least resistance.
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>> party wall agreement?
>>
>> Did you have one?
Not that I am aware of.
I should point out that my property is rented, but right from the start we received a letter from our private landlord saying if we have any issues with the building work, we take it up directly with them and not our landlord.
I do feel it's time to involve the landlord though, as ultimately it's their property that's been damaged, but I realise at the same time the contents of the shed are my responsibility, and that's all I really care about. I also have chipboard cupboards stood on the floor under the workbenches which the rainwater soaks into.
What doesn't help is that I've had dealings with the private landlord before, and trying to get anything done to the property is nearly impossible.
Last edited by: VxFan on Wed 6 Apr 22 at 20:11
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Is there stanidng water on the other side of the wall? How iw the water getting thorugh the wall? Have you examined the pointing? sounds as if the builder has done what he can to remove any standing water. If it is simply rain penetrating a badly mintained wall then I think it is down to you or your landlord to fix the problem. You need to get your own builder to take a look. If the wall is indeed the property of the builder and your shed has been build against it then I wouldn't hold out much hope of any legal remedy
Last edited by: CGNorwich on Wed 6 Apr 22 at 20:44
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Not that I am aware of.
>
I think you should ask the LL.
What doesn't help is that I've had dealings with the private landlord before, and trying
>> to get anything done to the property is nearly impossible.
>>
Ah, been there. We managed a year or so and then moved, couldn't be bothered with what was like pulling teeth for repairs etc.
Is the development manager the owner of the development you mention he said 'our wall' ?
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As a cause I suspect there has been some heave and settlement along that wall.
If the brick built shed was there when you first rented, its the landlords responsibility. Even if its not listed on the tenancy its still not yours, and you have no redress.
If you built it or had it built then you are in a world of agro over location re use of party wall, quality and suitability of construction, age weathering etc.
Think I am saying, legally you are going to go nowhere.
That leaves, finding the cause, and fixing it as the far more likely, easier, faster and cheaper route.
Now is the damp rising, seeping low or falling from higher?
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>> Is there standing water on the other side of the wall?
>> How is the water getting through the wall?
Up until excavation on the other side of the wall, the inside of the shed has been dry as a bone. I'm guessing the wall was built at the same time as the other nearby buildings, which would have been in the 1950's. It might even be older than that, as the farm buildings are a lot older.
When they excavated the land on the other side of the wall, rainwater started pooling at the base of the wall, and that was when ingress into the shed occurred. As mentioned in my first post, they channelled a trench to take away any rainwater from the other side of the wall and problem fixed.
The rainwater is coming through at the base of the wall. The rest of the wall is, and always has been bone dry. Mud and silt also come through with the rainwater.
>> If the brick built shed was there when you first rented, its the landlords responsibility.
>> Even if its not listed on the tenancy its still not yours, and you have no redress.
It was already there. It's on our tenancy agreement as "an outbuilding or garage".
The boundary wall forms part of the rear wall of the shed. Guessing approx. 3 metres width, and 1 metre high of it.
Up until when the land was sold off for housing, it all belonged to the private landlord.
This morning I had a chat with the site manager for the building company, who btw is far more pleasant to deal with than their building director, who I thought was most unprofessional in the way he spoke to me yesterday.
Anyway, the site manager informed me that they previously laid the french drain and plastic membrane approx 1 metre down. This is where the base of the wall meets the floor of my shed. They've now gone down deeper with the waterproofing, to a depth of approx 1.2 metres. They have also fitted another plastic membrane to the full length of the shed wall / boundary wall as well.
I do hope that this latest attempt finally fixes it.
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In my untechnical mind I was going to suggest some sort of physical membrane to protect the base! Then thought nah, must be something far more technical !
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That reads as if the ground level on the other side of the wall is halfway up your shed? Has it changed? If not, I'm surprised it was ever dry.
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>> That reads as if the ground level on the other side of the wall is halfway up your shed?
Correct, and always has been. And was also watertight until bob the builder started digging it all out with his JCB and then filled it all back in again.
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Rylands v. Fletcher. It's a rinse:)
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Ah Rylands v Fletcher I remmeber that from my Insurance exams. Applies to something excaping from property and damage that of a neighbour. Water from a reservoir I believe.
Not really applicalbe in this case though.
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Damage to brick wall. Who is at fault? - Manatee
