Q. Our garage lies at the side of our property. The property and garden at the back is higher than ours and they have built their patio right against our garage wall three bricks above the damp course. It is a single brick wall. The water pours in when it rains. We told them about this a year ago and they dug a channel which fills with water every time it rains making it even worse. Our insurance company says it is their responsibility to claim off their insurance company as they are causing the damage to our garage but they refuse to do so. They said we could get it fixed if we got a reputable builder. But now we have got a builder they are ignoring him and us. What can we do?

Submitted by: Dennis 
 

A. We are not legally qualified but from what you describe it sounds as though the actions of your neighbour are causing you a nuisance and you are therefore entitled to take action (legal) against them for it to stop. You should speak to a solicitor or perhaps in the first instance talk to the Citizens Advice Bureau as they are very helpful in these circumstances. But remember you do have to live next to these people so try and make a last attempt to reason with them and let them know the steps you will be forced to take if they do not help to resolve the situation that their actions have caused.

From the technical point of view it sounds very much like the fall (slope) of the patio is towards your garage wall and there is no drain available for surface water. The patio should fall towards a drain. It would be possible to apply a vertical waterproof slurry against the outside of your garage wall to stop water ingress but where will the water go?

You need to consult with a good builder to specify the cure and if necessary a solicitor to enforce it.