Neighbour dispute

[finallyhappyinlife]

In may 2024 we had our drive paved by a local businessman . We are very happy with the work he did for us however the white residue from the hardcore he used underneath the blocks has run onto our neighbours drive leaving a strip of lighter tarmac which shows up when her drive is dry . She is extremely unhappy as expected and I have made several attempts to get the workmen back to discuss this issue however he flatly refuses . I have been totally civil with neighbour agreeing that it’s unacceptable and I have tried many many times to get him to sort this issue . I have ended up falling out with the owner of the business as I believe he is totally out of order . He refuses to speak to my neighbour saying she is just jealous of us having the work done . This has caused us immense stress and she has stopped speaking to us . Earlier in the year her son said she was going to have a fence installed between us and was that ok ? I said that’s up to you as we cannot stop your mum doing anything on her own property and it was no business of ours . This fence has never materialised .
Now today I have received a recorded letter saying she has been advised to get 3 quotes for re tarmacing the whole drive . The quotes range from £8800 to £11000 as she is asking us to pay for this work .
She is asking us to respond within 14 days or she will take it to small claims court .
I feel she should be sending said letter to the workmen who did the work and ruined her drive . Am I wrong ? Why should we pay out £10000 approx for the workmen’s error . And advice would be much appreciated on our rights and the next steps for us to take .

What do you keep saying it would cost £10k? tarmacking a drive does not cost that

I work in commercial insurance. This is a straightforward TPPD (third party property damage) claim recoverable under the contractors public liability insurance (if they have it). Ask him for his insurer details and policy number, log the claim. They’ll send out a loss adjuster (probably) who will (usually) authorise the quotes/work and settle the invoice directly with the firm who carries out the repair work. Yes the original contractors insurance premiums will go up so he may wish to do the work himself but that’s up to him. If lawyers start getting involved, the cost of both your lawyers and your neighbours lawyers fees could be included in the claim, which would increase the overall claim amount significantly.

I was on your side until you showed the photo. That is not a stripe!!
I'm not surprised she wants a new drive, she was patient and would've probably worked with you to come to a solution but it seems you didnt care and so she has had to escalate this.

And what if it rains and there's more staining?

*apparently it can be done, but you need an acidic solution. Brick Cleaner is one in UK.

You are coming across as very dismissive about a problem your workman caused. You seem to be justfying your indifference because of the fact her drive wasnt in great condition before hand. Thats actually irrelevent. 'Your' actions have now made it worse and that is your responsibility. So you do need to work with her to make things better.

She’s sent me 3 quotes £11800 … £8800 and £10500 for the work to be done

Hubbys done that already for her

And if the contractor isn’t insured?

Her drive, now, looks not dissimilar to the drive opposite so I think she is trying her luck in getting OP (or her contractor) to, unfairly, pay for a new drive

It is up to you. You had work done that caused the problem, so it's up to you to rectify it. The tradesman's refusal to do anything about it is between you and him. It doesn't alter your obligation to your neighbour.

If I can just say I HAVE NOT left it 18months and I have proof of messages sent to workman about her drive in June this year so I’ve been chasing for 12 months . Please don’t assume I’ve just ignored it

So she wants fancy block paved like yours then, not tarmac

Why not to invite a driveway specialist (not the one who didyour driveway), show him your neighhbour's driveway and ask what possible solitions are? Then come to her to discuss which one she would prefer. To be honest, in her place I would not accept painting of my driveway as it will wear off very quickly. And I don't think to put a new layer of tarmac would cost 10 grands, so better if you find your own trademan for the quote.

Cross that bridge if it happens. It’s likely that the hardcore [or whatever drained across it) will have bedded in now and no further seepage will occur so a new tarmac drive is an excessive demand.

Moreover, if the drive has been down for 30 years, it is at the end of its life expectancy (they are usually guaranteed for 10-15 years though can last up to 30) - so it may actually be the fact that it was not properly maintained, sealed and protected by the NDN is the reason that whatever has drained over it has stained. If OP has never seen them do any maintenance (we weed, treat and seal our drive every year ourselves and neighbours use a company that does theirs), then I think she may have a defence.

Has there been any attempt to professionally jet wash the driveway? That would be my starting point before pursuing any expensive replacement.

Surely this! I think it’s taking the piss to expect a new driveway for a stain .

Surely this! I think it’s taking the piss to expect a new driveway for a stain .

Exactly what happens if he’s not insured ?

Yes my hubby did it for her

Your attitude stinks, sort it and stop being lazy. That is not a strip and good on your neighbour for fighting it to be sorted. Stop using bogus tradesmen, clearly rubbish at his job to even allow this to happen. Get off mumsnet and sort it.

But does the insurance itself have an element that covers something like Occupier's Liability or similar? ie. for if a tradesman or contractor or you yourselves damage a neighbour's property.

As per

@Gribbit987 Yesterday 23:17

It isn’t proportionate to want a new drive due to stained tarmac.
You can buy tarmac restorer on Amazon for 30ish quid.
Go and repaint her driveway. It will take you an afternoon and it’s an unskilled job. Problem solved.

Had the neighbours sealed and maintained their drive every 2-3 years as advised by the companies that lay it, it likely would not have been stained anyway, as it would have been ‘sealed’, so a quick hose down would have removed surface residue.

That drive hadn’t been touched in the 30 years it’s been down no cleaning weeding sealing etc

Don't agree to this, a new drive won't find the cause or resolve the issue,just go through the insurance and get yours and her drive professionally assessed., have you seen her quotes.