# Dealing with neighbour's oil leak?



## Desperate (19 Jan 2010)

Would welcome any advice on this problem. Summary of the situation- next door neighbours contracted builders to do large extension. Discovered 2 weeks ago that we have an oil leak in our back garden. We do not have oil - we have gas so presumably liability will be easy to prove? We are waiting for insurance assessors who are due out by the weekend. There are other problems with these builders - too many to mention in fact! No architect or project manager involved. Neighbours have been giving us a wide berth since this problem arose and tbh from the beginning of the build. Before this we had a good relationship. It is extremely awkward, stressful and from a health and safety point of view it is worrying to say the least as I have 3 small children under 5 (have suffered headaches, fussiness, stress). 

What would you do? Do I need legal advice or can it be sorted out with insurance companies? How serious is the problem? Is my house going be long term affected? How is the problem treated? Will the smell ever leave my house as right now is it noxious! Thanks for any advice - I'm not looking for free legal advice just general opinion.

Thanks

Sinead


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## zag (19 Jan 2010)

There was a case near here where oil leaked into two back gardens.  It was not a trivial matter.  The houses were vacant for a very long time while remediation work was carried out.  This work involved removing *a lot* of the soil from the back garden.  I'm not talking a couple of inches.  Oil is a contaminant and isn't something you (or your neighbours) can just hope will disappear over time.  It doesn't.

I would suggest you contact someone in envirnomental services in your council and see if they can assist in assessing the damage.  If not, then engage some other professional who can advise you on the extent of the damage.  Don't 'trust' your neighbours choice of remediation plan - make sure you get the remediation you need.

Trust me, you don't want to be eating oil-flavoured potatos from your garden for the next 20 years . . .

z


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## RKQ (19 Jan 2010)

Desperate said:


> Discovered 2 weeks ago that we have an oil leak in our back garden.
> 
> What would you do? Do I need legal advice or can it be sorted out with insurance companies? How serious is the problem? Is my house going be long term affected? How is the problem treated? Will the smell ever leave my house as right now is it noxious!


 
+1 with Zag's advice.
Contact your enviroment Officer in your LA.
Kerosene can smell for a very long time. I remember an internal boiler leaked into the slab of a house. The smell had to be profesionally cleaned to remove the smell. The smell caused headaches etc to the house owners.


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## onq (20 Jan 2010)

The below advice is based on my assumption following your post that your neighbour's builder has apparently negligently allowed a contaminant to leak onto your land from your neighbour's land.

Stop being nice to these builders, whatever about your neighbours who have been caught up in all this.
This is a very serious matter that may cause great inconvenience in putting it right as other posters have noted, and may well affect your property values if you leave it be.

I endorse the referral to the Environmental Health Officer.
Check and see if there is someone in the local authority dealing specifically with unauthorised and unlicensed spills, deposition of waste and contamination of land. This person may be associated with Environmental Services or the Parks Department.
That's just for a start.

Suss out the other neighbours and see of they have problems as well - the adjoining neighbour on the other side for example - in relation to contamination of their land and neighbours across the way in relation to traffic, noise, dirt and nuisance.
Notify your local residents association to get support when making the contacts listed below [but do ahead regardless] and in case the involved neighbours need a "talking to" to impress on them the seriousness of the situation..

1. Refer this and any other matters which may be relevant to the Health and Safety Authority. This includes whether or not the builders lorries are well-marshalled at delivery time and if they are causing a nuisance on the road. Take particular note of noise, nuisance dust, dirt and general disturbance. Take pictures of the operatives on site if they aren't wearing safety gear - helmets. gloves and boots - and take photos of the site to show if there are no safety signs up and if its not properly secured at night. Request that health and safety check if the builder is insured fully 

2. Check the planning permission for a standard condition to keep all roads footpaths and drains clear of rubble, debris etc. If there is no permission the obligation not to obstruct drains or footpaths or make the latter unsafe or impassible still pertains - these are council items which costs money to maintain. There may also be a similar condition referring to protecting other sites or adjoining properties - this would include your site. There may also be a condition restricting working hours - check their times of operation. Write to the Planners about all relevant matters and make them aware of the leak also.

3. Contact Environmental Services as Main Drainage may also need to be informed in case this stuff finds its way into groundwater or sewers.

4. Contact the EPA if you're getting no joy with the local authority.
The builders may have an unhealthy relationship with the Council which will limit their actions.

5. On the strength of the foregoing, Building Control should be notified, requesting they inspect to determine how this leak could have happened if this job was being carried out correctly under Part D Materials and Workmanship.

6. Refer the matter to your solicitor, requesting him to write to the builder and your neighbour outlining your position and confirming that this matter will now be placed before the several offices of the local authority noted above.

7. Contact your local Fire Officer and inform him about a leak of flammable substance onto your land increasing fire risk. Mind you this could be a two edged sword and they may write to you asking you to leave the house.

8. Get your whole family checked by your GP in case there is a particular problem or allergy that you're not aware of yet. If there are health issues with the fumes, you may need to leave the house for a while anyway.

9. Refer the matter to the guards if things get heated. These guys have trespassed on your title with the leak and cleaning this up is likely to cost you money unless they do it or are made do it.

The foregoing will probably shut the site down for a while until the clean up crew get their work done. Ironically you will be helping the builders in the sense that the site as it stands is in a dangerous condition to work in.

ONQ.

[broken link removed]


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## onq (20 Jan 2010)

Hi Desperate,

Regarding your PM requesting clarity on whether you can recoup legal costs I note the following:

Advice on whether you can succeed in any action and/or recoup fees rests with your solicitor not me. I can only give you the benefit of my experience of the Irish Courts at District and High Court level - this is from a distance and without the full facts at my disposal.

The Courts will expect you to have acted promptly to mitigate your loss and to have acted reasonably where there is a possibility of resolving the dispute. Given that you appear to have done nothing to provoke or contribute to the problems caused by their builder any meeting with the other party can be nothing more than that, just a meeting - not even an olive branch. It is for your neighbour to admit their agents have wronged you and caused you distress and to agree to pay for any and all remedial works and discharge all your expenses and professional fees incurred both to date and until the matter is dealt with your satisfaction.

(You do not have to agree to go "halvies" on this.)

If your neighbours do not agree to this and the matter looks like it may proceed to Court you will be advised by your legal team what chances you have to get a result as well as to recoup costs. This will rest partly on the builder's insurances, partly on your neighbours insurances and finances and partly on the details of the case. Going after men of straw [no money] is a pointless exercise. Seeking a big compensation claim in addition to getting the substantive matters sorted out may not endear you to the judge. I would tend to go for remedying the contamination, damage and defects caused by the builders and all your professional costs arising and modest damages - but againn, its your solicitor's call.

Your environmental health officer may not be the appropriate person to deal with the issue of contaminated soil. Suggesting the matter may be resolved merely because the leak has stopped appears to ignore the possible contamination of the ground and the need to remediate it. As previously advised refer this matter to the appropriate officer of the Council and/or the EPA and your architect should be able to advise you on this.

I trust this is of some use.

ONQ.

[broken link removed]


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## Desperate (20 Jan 2010)

Thank you Zag, RKQ and in particular to ONQ for taking the time to reply. Really sound advice there and I am now working through the list of things I have to do. For the benefit of others going through the same problem I will update in due course.

Edited to add that I found this useful guide relating to Homeowners clean up guide for oil leaks. Even though it is a US guide, there are some helpful guidelines;
[broken link removed]

The issue of notifying the fire department within 2 hours of discovery of the leak is the Law in Mass. US. Does anyone know of a similar Irish legal obligation? 

Thanks again
Sinead


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## mathepac (21 Jan 2010)

I know that the local Fire Brigades deal with diesel and other hazardous chemical spills on public roads, although I'm not sure about private property and any reporting or attendance obligation.


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## Desperate (26 Jan 2010)

Just updating on my post last week. We now have the the 3 insurance companies on board - mine, neighbours and the builders. My adjustors have visited our site and have now contracted oil removal experts to handle the problem and this work will begin in the next week or so. Approval for the work has been given by my adjusters but they plan to seek it from the other companies involved.  Their initial findings show that the oil leak is extensive- approx 400 litres and it has been found right at the walls/foiundations of the house. The question whether it is under the foundations will not be known until the clean up operation begins. 

As for the builders, I have heard from the neighbours that they plan to accept liability and make reparations for other damage which they have caused. We are holding off on legal action temporarily to see how events pan out this week.  Just hoping that it has not gone under as there was lots of talk this week of us having to move out etc

Any other advice would be greatly appreciated. 

Thanks in advance

Sinead


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## onq (26 Jan 2010)

You're doing fine Sinead, apart from outing Desperate as "Sinead" in the post above 

Really, well done that couple for taking on board the advices received.

Its moments like this that make the hours of posting so worthwhile.

Keep us updated re the companies who do this kind of work.

Things like names, costs/amounts, time, no. of personnel.

Also regarding what you learn of the work itself.

Its all grist to the information mill that is AAM!

ONQ.


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## Desperate (26 Jan 2010)

Thanks ONQ and I certainly will post more details as the saga unfolds...


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