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Groundwork & Foundations

Am I legally obliged to fix this?!

Anonymous user 16/03/2024 - 2.31 PM

I’ve recently bought a property where the previous owner (he employed a builder) has built a hard standing / driveway in the back garden (apparently this was done almost a year before I bought the property). It looks as though it’s been built right up against the neighbours fence (possibly without a retaining wall), so the neighbours are now getting seepage of cement / gravel through the bottom of their fence which is also bowing slightly. They’re basically demanding that I fix this issue, which I imagine will be extremely expensive, and unfortunately I’m currently in no financial position at all to fund this, but I’m willing to save up! The problem is I think it will take me a very long time (I imagine it’ll be hundreds and I can probably afford to put £50 a month aside) I’m concerned that I’m going to be under some kind of legal obligation to fix this now that I own the property? It seems slightly unfair as I didn’t build the driveway and my survey for the property didn’t pick anything up! Does anyone have any advice?

Are you a tradesperson and able to answer this question?

1 Answer

Anonymous user

Depending on the level of the survey you had it may or may not have been checked. Contact the surveyor you used and check what level of survey was done. If it was the highest level it ought to have been picked up and if it wasn't you may have recourse against the survey to help you cover the cost of having the job sorted. In the mean time, consider having a builder in to simply cut the concrete back and pull it away from the neighbour's fence, stopping any further problems. If you are able, you can hire the kit yourself and do it. You would need a big concrete saw, often referred to as a Stihl Saw with a concrete cutting diamond blade on it. Cut a foot or so away from the fence, parallel with it. Then break up the concrete with a big hammer and move the debris away. Once that is done, no more should fall through their side and you can then save up safely to have it redone properly when you can afford it. If you post the job here on MyBuilder.com I am sure that there will be a friendly builder who would do it to help you out. If all they are doing is the cutting and breaking and you help move the debris, it should cost very little. (Assuming that the concrete is not miles thick and the pad is not huge.)

Answered28 June 2020