Damp from highway

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    Damp from highway

    I have a problem with damp which I belive is caused by the incorrect level of the footpath outside.

    It is a terraced house built circa 1900 opening right onto the footpath.

    The footpath rises by 6 inches across the front of the property meaning on the left I have 2 bricks below the inside floor level whereas on the right the footpath comes above the inside floor level.

    Are the highway (local authority) liable for the cost of reshaping the footpath/raising my DPC?

    #2
    1. Are you the owner of the house (freehold)?
    2. When did you buy/acquire it?
    3. Was this problem present then? If not, what has made it occur?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Yes I am the owner of the freehold and have recently aquired the property.

      When I purchased the property the whole ground floor had high damp readings due to it being unoccupied.

      Now that the property is heated everywhere has dried out apart from this area where the footpath slopes up.

      There does not appear to have been any recent work to the footpath.

      Comment


        #4
        What did your pre-exchange survey (Homebuyers' Report/ Full Structural) reveal about it?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Hi, I've just picked up this thread on a google search for damp problems - did you get a definitive answer? We have the same problem. The pavement abutts the wall of our listed building and is causing a lot of damp to the interior. We have contacted highways who deny any liability and even the Conservation Officer has had a go. We need to sort this out as the lime mortar joints are weeping and we are due to renovate this room. Can we cut the pavement back and put in a French Drain? Highways are saying that they did not tarmac the pavement and have no liability. We know that the highways department did take away the historical bank and laid tarmac. Can we claim ownership of the pavement (the only one in the road in our small village) as highways are saying that it is nothing to do with them? Apologies for resurrecting this topic.

          Comment


            #6
            Are the highway/pavement:
            a. within the extent of what you own?
            b. adopted and maintained by the Local Highway Authority?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              We had not considered that we owned the pavement but this is the only bit which is tarmaced along this piece of road and was previously a bank adjoining our house which was the local infant school. (Although I have been informed that a line on the land registry title covers so much land that it is impossible to be accurate from their records.) Our enquiries to highways about the damp problem has brought a response that they did not lay the tarmac and therefore they have no liability. There has been no maintenance and I sweep the pavement when it gets too mucky. I have no idea if it is adopted. A small piece of pavement (not the bit causing the damp) was within the curtilage of the school playground but is now laid to tarmac to give a sight line for our access road.

              Comment


                #8
                Laying tarmac has no effect of who owns what nor on who is responsible for what.
                HMLR plans, based on the Ordnance Survey, show only 'general boundaries'. Do your pre-registration deeds include any larger-scale plans drawn by surveyors and featuring measurements of distances between defined points?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  As far as I can recall we have no pre-registration documents. The land on which our property was built (the village school) was given to the school by way of letter, which the vendors did not release to me as they said that it was an historical document and is, I think, lodged in the diocesan archives. We did not consider that the pavement belonged to our property when we purchased it but as highways deny any responsibility for it may we be able to claim ownership? One assumes that when the pavement was a grass bank, before it was levelled and tarmac'd it was owned by the adjacent property, i.e. our house, the old school. (An owner across the road from us, with a large grass verge outside his house, was told by highways when he bought the house that they, highways, owned all of the verge but when he sold highways said that they only owned the first couple of feet.)

                  Comment


                    #10
                    Do HMLR's records (registers of title) at least refer-back to any pre-registration items?
                    If so, HMLR may have microfilmed copies with plans.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      I do not know and I note that it is quite expensive to obtain HMLR records. I will try and have a word with the previous owners and see if they have anything, although as it was a school they may not have.

                      Do the highways authority automatically own 1.5mtrs of the verge from the road? I was speaking with the Parish Clerk and she said that this was the case, although strangely enough not in the case of her own house.

                      Comment


                        #12
                        Have you asked the diocese what records they have in their archives relating to the site?

                        HMLR records - how expensive are they? (by comparison with the damp problem you have undoubtedly got?)

                        Comment


                          #13
                          It costs about £8 to download deeds from the Land registry website. This will include a a plan showing what you own. It may or may not answer your question, but is not a major sum of money.
                          I also post as Chessy when sober

                          Comment


                            #14
                            £8 is not a lot but when I looked on the HMLR website they were quoting £99. I will look again. I think that the latter included pre-registration documents as well as the latest plans, which are registered.

                            Comment


                              #15
                              When you put "Land Registry" into Google you get paid for advertising at the top. They tend to be cleverly worded to "suggest" that they are the official government site.
                              I have clicked on them myself by accident before now then wondered just for a few seconds why the prices have gone through the roof before realising.

                              The link you need is: http://www.landregistry.gov.uk/

                              Always look for the ".gov.uk" in the website address.
                              Last edited by Chessy; 20-06-2011, 11:49 AM. Reason: Grammar
                              I also post as Chessy when sober

                              Comment

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