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Damaged boundary wall

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  • Damaged boundary wall

    We own our ex council property and in recent years the council removed the public pavement paving slabs outside the properties in our road and replacedit with tarmac. Last year most of the pavements were dug up again and all over the estate deep trenches were dug for cable, again it was finished off with tarmac. Since all this work our boundary wall has become unstable, our garden is below the level of the pavement and you can see where presumably under the pressure of all the work our wall has gradually pushed forward at its base. On our deeds the wall is ours but are the council responsible for this damage. We are worried if anyone especially children sit or walk on the wall it may collapse, in which case who is liable?
    Tags: None

  • #2
    Firstly the wall is yours, and if you know it is unsafe but do nothing about it and because of that a person is injured you would probably be held liable as you would be considered negligent.

    You need to ensure the wall is safe and not dangerous.

    Regarding possible damage caused by the various works, you need to complain to the utility company who dug up the pathway for cables (unlikely to be the council )
    They may not roll over and you might need to obtain a report from a structural engineer to support your complaint

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    • #3
      Thank you DES8 I was worried that might be the case. Sadly an expense and worry we can ill afford at this time as my husbands health is not good following a dementia diagnosis

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      • #4
        Hi

        Ask yourt council for the local area plan for your area/estate ( the planning ones ), and look for the conditions of works. Then take pictures and send to the council head of planning, ask him how they signed off on works that damages your boundry and ask who inspected the works. Do this by email or formal letter not over the phone. Give them 28 days, and if you get messed about, inform your insurance company and give themn a copy of the letter.

        that would be my recomendation on how to get it dealt with

        crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

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        • #5
          Originally posted by Crazy council View Post
          Hi

          Ask yourt council for the local area plan for your area/estate ( the planning ones ), and look for the conditions of works. Then take pictures and send to the council head of planning, ask him how they signed off on works that damages your boundry and ask who inspected the works. Do this by email or formal letter not over the phone. Give them 28 days, and if you get messed about, inform your insurance company and give themn a copy of the letter.

          that would be my recomendation on how to get it dealt with
          Thank you I will try that.

          Comment


          • #6
            Would it be possible to simply demolish the wall or any unstable parts? How far is your garden below the road level?

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            • #7
              I would suggest (if you are seriously concerned about the situation) that you rope off the wall and put up warning signs whilst you get it sorted.
              If your household insurance has public liability extension you should be covered if you have to pay damages to any injured third party

              Comment


              • #8
                Originally posted by 2222 View Post
                Would it be possible to simply demolish the wall or any unstable parts? How far is your garden below the road level?
                Our garden is 2' below the pavement level. If the wall fell it would come into our garden. The wall on pavement side is about 2' high. The shifted area is about 3 to 4' long. We will look into the cost to repair /stabilise it but unfortunately finances are tight at the moment and is a worry

                Comment


                • #9
                  Originally posted by des8 View Post
                  I would suggest (if you are seriously concerned about the situation) that you rope off the wall and put up warning signs whilst you get it sorted.
                  If your household insurance has public liability extension you should be covered if you have to pay damages to any injured third party
                  Thank you for this I will check this option and our policy

                  Comment


                  • #10
                    honeslty, check the area plan, and any plans from when the property was built, are you part of a estate, with estate type roads and boundrys, if so, there may be conditions that the people doing the roads/pathway didnt follow.

                    A property i have had some dealings weith recently had conditions on the area plan, for the minimum hight above kerb and ensureing the boundrys are supported properly
                    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                    Comment

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