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Poorly fitted guttering in neighbours caused damage to my property

  • 11-04-2012 2:58pm
    #1
    Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭


    Hi,

    Just wondering what is the best way to go about this.
    My neighbours had their roof redone some time ago.
    The guttering put up could be described as shoddy at best and subsequently the water from the offending drain damaged my property.

    I am considering getting an engineers report and once I have that have my solicitor contact theirs looking for compensation.

    Is this the way to go about this or is there another route I could take.


    Thanks
    Rob


Comments

  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    Is a conversation with them out of the question?


  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    what sort of damage are we talking? Was a flower flattened or was it something more serious?

    Is the damage easy to see and identify?

    Might be worth explaining this to them. Firstly it needs to be rectified and then any damage to your property made good. Dont accept the neigbours builder to do this! It was their incompetence in the first place that caused it.


  • Registered Users, Registered Users 2 Posts: 976 ✭✭✭Gandhi


    Is your house insured? Wouldn't the insurance company cover this kind of damage anyway?


  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    An extension which shared the wall below the missing guttering has been damaged by the water seeping down the wall caused by the poorly fitted roof guttering.

    I pointed out the poor quality guttering numerous times previously to no avail.
    We've also had them in court numerous times ( and won each time ) due to their unwillingness acknowledge we have any right not have them do whatever they please to theirs and any part of our property they see fit to tamper with. So unfortunately no, talking to them is not an option.

    The what and why is not really important - I am really only interested in finding out a plan of action.


  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    Gandhi wrote: »
    Is your house insured? Wouldn't the insurance company cover this kind of damage anyway?

    Why should I lose no claims and why should the insurance company have to foot the bill for something caused by a third party ? This would also not fix the problem causing the damage in the first place


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  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    RobAMerc wrote: »
    An extension which shared the wall below the missing guttering has been damaged by the water seeping down the wall caused by the poorly fitted roof guttering.

    Was the extension in place before the guttering was fitted? They could argue that the guttering was fit for purpose when there wasn't a building below it.


  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    Was the extension in place before the guttering was fitted? They could argue that the guttering was fit for purpose when there wasn't a building below it.

    No - the extension has been there for years, the damage has only been caused since the roof was redone and guttering poorly fitted.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    You should talk to your home insurer. They would probably fund the litigation. It will be very expensive getting engineers and solicitors involved in a case like yours. Full documentation is essential.


  • Users Awaiting Email Confirmation Posts: 280 ✭✭engineermike


    An engineering report / survey of the works & damage around the party area will divulge the merits of your case.
    Cause and damage relationship & extent are normally easily identifiable when surface water or 'building envelope' protection has been compromised by faulty rainwater goods or poor practice when installed.
    If the offending work / area in the adjoining property has not been corrected this usually assists in a clear cut decision based upon the merits by a court.

    Outline costs for survey - structural engineering report - €250 - 300 (approx. dependent on location in IrL )
    Court visits - expert witness cost : €300 (approx.) -

    Hope this is of some assistance.
    M. Fleming :)


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