Party wall responsibilities

[Beaker1]

Please help...my property is quite a lot higher than my neighbours and we have a party wall, she has rising damp on her side of the party wall due to her being on a lower level and I have no damp, iv had a look at the wall from her side and it is below the damp proof course which happens to be approx 1 metre from the bottom of her side of the wall... she is very adamant that it is my responsibility to pay to fix the problem because as far as she is concerned it is my wall not hers, part of the wall extends out into her garden but is still part of my utility room. Does this mean it then becomes a party fence wall?.. where it is damp the bricks are crumbling and she wants me to fix it but I'm not sure it is my responsibility to do so as I don't have any damp issue... I am quite willing to pay if it is down to me..can anybody advise, thank you in advance

My neighbour has had a surveyor look at the wall and it has been confirmed that the problem is rising damp below the damp course and there is no cause for concern, it is just cosmetic damage... they are still asking for half towards the cosmetic costs, am I right in understanding that as there are no repairs needed and no major repairs needed just cosmetic then I am under no obligation to contribute financially?

I think you are correct - if it's minor work, and I think cosmetic work would come within that definition, then you shouldn't have to contribute. What is she going to do anyway? Paint it, or something else?

You should check the title register for your house and your NDN's though in case there is an obligation to jointly maintain the party wall. Even then, if the damp is not of concern I fail to see why you should have to contribute as it isn't maintenance work she is proposing.

Cosmetic work no.

If your neighbour intends to undertake intrusive work i.e. replace defective damp course then possibly. From the sounds of it the surveyor has confirmed the damp course is fine, so what exactly are they proposing?