Posted: 02/06/2015 at 08:13
Louise, the best thing you can do is leave it in the hands of the insurance company. If they are having to pay for any remedial work that has to be carried out then their legal departments will pursue your neighbour through the courts for any costs.
Doing it this way leaves you out of any direct confrontation with your neighbour.
You'll never have good relations with him, and that as I know, is better than confrontation. It provides a barrier and decreases the stress levels to you personally. I am surprised your surveyor didn't raise the issue prior to your purchase of the property, but you get what you pay for with those guys.
It'll be an expensive job, so letting the insurance and loss adjusters do the work will lift a huge burden from your shoulders, and you can be pretty smug about it when your neighbour tries to raise the issue, by just telling him to deal with the insurance company. It save you instigating court action and all the hassle that goes with it.