Damp in neighbours empty property

[barkeep]

We recently bought a property with a view to renovating and letting.....knowing that it required a fair bit af work. The house next door is empty, and has been for a number of years. I recently completed a damp proofing course but suspect that on the ajoining wall there is damp that is coming through from next door. I have spoken to the owner asking if I could have access to the property in order to damproof the wall from her side, at my expense. She makes the right noises when I speak to her on the phone but has not yet made any effort to give me access.
Any thoughts?
Can I insist on entry to carry out the work as it is affecting our property?

 

[^woody^]

No you can't insist on access.

You can require the owner to rectify a problem if you can prove that there is something defective and in need of repair. If its something like no DPC then you can't make them install one.

BTW, how do you know its a problem from their side of a party wall?

Is this an internal or external wall? Do you know that you will incur all sorts of liability issues if you do a chemical injection inside their property

There is the Access to Neighbouring Land Act, but this does not seem to apply in this case.

 

[memor maplin]

The Part Wall Act does.

 

[^woody^]

The PWA does not apply for this

 

[barkeep]

This isn't about confrontation....I wanted to dampproof her wall only with her in agreement, of course I'm not intending to do anything off my own bat....it was all about mutual agreement. The property has been empty for at least 5 years. the gutter pours down the wall in line with the adjoining wall ( I would have repaired the gutter too) in our interest. However, if the owner does not want to allow these repairs.....is there nothing we can do?

 

[^woody^]

Yes, either you or your insurers take her to court.

Or if the inside of your property is sufficiently damp and a "nuisance", then you ask your local authority to take action under the EPA 1990

Or if it is empty, just go around and do it

 

[tryitandsee]

I wish we had you as a neighbour.

Try again with the owner, she is probably still in a state of shock, as she was getting something for nothing.

I was never very believing in chemical damp proof courses. A good source of income between Surveyors/Estate Agents/Building Societies. The introduction of good ventilation under the floors and the remedy of the source of damp (guttering /external ground level) is really what is needed.