Non-motoring > Damage to brick wall. Who is at fault? Legal Questions
Thread Author: VxFan Replies: 13

 Damage to brick wall. Who is at fault? - VxFan
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".

==========

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.
 Messages Author Date
 Damage to brick wall. Who is at fault? new VxFan 6 Apr 22 12:02
 Damage to brick wall. Who is at fault? new Manatee 6 Apr 22 13:20
 Damage to brick wall. Who is at fault? new sooty123 6 Apr 22 16:24
 Damage to brick wall. Who is at fault? new Falkirk Bairn 6 Apr 22 16:38
 Damage to brick wall. Who is at fault? new VxFan 6 Apr 22 20:08
 Damage to brick wall. Who is at fault? new CGNorwich 6 Apr 22 20:43
 Damage to brick wall. Who is at fault? new sooty123 6 Apr 22 21:22
 Damage to brick wall. Who is at fault? new Zero 6 Apr 22 22:13
 Damage to brick wall. Who is at faul.. new VxFan 7 Apr 22 11:22
 Damage to brick wall. Who is at fau.. new Bobby 7 Apr 22 11:49
 Damage to brick wall. Who is at fau.. new Manatee 7 Apr 22 13:22
 Damage to brick wall. Who is at fa.. new VxFan 7 Apr 22 14:08
 Damage to brick wall. Who is at f.. new NortonES2 7 Apr 22 19:32
 Damage to brick wall. Who is at .. new CGNorwich 7 Apr 22 20:07
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