Neighbour’s extension works have exposed my footings despite party wall agreement

[BestGreyCat]

Hi there. Are there any property legals out there in the UK? I have a neighbour building an extension. They have underpinned along the entire side of the house (semi-detached) and we have a Party Wall Agreement in place. However, they have exposed the footings of my single storey extension - we are on a hill - and they will not be taking any measures to protect my footings or reinstate covering (originally covered in soil) whereby water can drain away adequately.

Any idea what I should do? Can I insist on adequate drainage as rainwater will be falling between the two extensions?

Oh, and the Party Wall surveyor (we used their surveyor as we thought we'd be neigbourly!) has quoted Phipps v Pears 1965 re. negative easement case. Could I have a case?

Anything below ground level relies on the right of support you have at common law - so they shoudl certainly make sure that their temporary removal of lateral support to your footings does not result in movement. Is there really a risk of this?

Surely the PW surveyor should be advising whether this is a risk for you.

I might add contacting the Local Authority Building Control dept asap and does your home insurance have legal cover if so get on to them asap

Thank you. They have underpinned along my footings in order to increase the size of their basement into an extension. I have now managed to insist on a PermaSEAL crystalline cementitious slurry. Still awaiting to hear how they propose to deal with any collection of water between the two extensions as they are refusing to put in any drainage.

Many thanks John. We did wonder whether we should but don't want to cause ruction! The party wall surveyor certainly seems to be erring on their side also.

I suggest you need your own surveyor then and give the impression at least that you will cause ructions

Latest update they have advised that the water will just 'run off' from between the two structures .... onto their land.

IMHO you need your own surveyor asap and I might be asking serious questions about the competence of the one currently employed