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[kbrownie]

My neighbour has decided to tank his property at the rear where there is a field.
He started this without any consent from me, it's not my land and he is not crossing or using any part my land/property to do this.
But there is a great big trench running along his outside wall where this is being done. Our houses are in a row of four adjoining and he's one of the middle ones. My concern is that the field does hold water and my cellar is not the dryest but once he has had this tanked it may lead to more water finding it's way in the direction of my house and my fears are that it could create a damp problem, what are my rights regarding this?
KB

[stoneyboy]

kbrownie,
Sorry but you cannot force your neighbour to take action to stop damp entering your cellar, especially if as you say the water comes from a field at the rear of your properties. If your damp problem gets worse (it would be difficult to quantify any change) your only option will be to tank your cellar.
end

[kbrownie]

Hi stoneyboy,
Thank's for taking time to reply, much appreciated.I expected that answer as it could be difficult to quailify my complaint regarding the cellar
but if I started getting damp rising up my walls which has never happen to date, or his actions effected the stability of the structure. What then?
KB

[stoneyboy]

kbrownie,
For arguements sake lets say you do get water in your cellar. How are you going to prove it has never happened before or that it has been caused by your neighbours actions rather than some freak weather.
If your neighbour was building an extension which required a trench of the size and location you are describing, then you could use the Party Wall Act to force him to employ a surveyor (at his expense) to ensure that your home would not be affected. Since he is not doing this I don't think there is anything you can do however, I would suggest you take pictures so that you have a record of what has been done.
end

[kbrownie]

Again thank you for advise,
Does the party wall act only cover developments? ie extentions.
or does it also state requirements on any work done which may concern your property boundaries. Which could have an adverse effect.
KB

[stoneyboy]

kbrownie,
My understanding is that the Party Wall Act only comes into force if the excavation on adjoining land is deeper than your foundations. If you google the subject there is lots of information. You could try one of the firms offering legal advice but I suspect you will be into big money.
end

[kbrownie]

Thanks for reply and advise, i'll sit and wait to see what happens. fingers croosed no problems will occur.
Cheers again stoneyboy
Regards
KB