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Co-freeholder wants to ignore suspicious cracks - where do I stand?

(5 Posts)
NoviceKnitter Tue 07-Aug-07 22:32:21

I've been advised by a structural engineer that cracks in my flat should be monitored for subsidence. I co-own the freehold with one other flat owner. He's asked me not to involve the insurance co in this although it's likely they would look after the monitoring if I did, and ultimately, if subsidence were proven, would cover underpinning, etc. The neighbour's planning to sell and clearly wants to ignore anything that could put a spanner in the works.

Although it's expensive, I've agreed to pay for monitoring myself. Am I compromising my own rights in any way by doing this? could it jeopardise a future insurance claim for subsidence not to declare the cracks now and to monitor privately?

If anyone has any similar experience of legal knowledge your thoughts would be gratefully received!

Mercy Wed 08-Aug-07 00:46:35

Did the the structural engineer give you a rating for the cracks or any reason for them appearing? Did you get a written report?

If your co-freeholder is planning to sell I would hold off paying for any monitoring.

NoviceKnitter Wed 08-Aug-07 10:41:29

do i not have a responsibility to mortgage co and insurance co to act promptly? yes have written report but not a rating. the reason he recommended monitoring is as may be due to subsidence.

HappyMummyOfOne Wed 08-Aug-07 11:47:00

By insurance co, do you mean the building guarantee if its a new build or your buildings insurer? Most home buildings policies exclude subsidence.

As for telling your mortgage company, i wouldnt have thought you had an obligation to tell them as i assume they were happy with their survey upon borrowing you the mortgage.

NoviceKnitter Wed 08-Aug-07 12:32:49

Hi - meant buildings insurer. Checked policy and pretty sure is covered - and other people i know who've had subsidence it's been covered by buildings insurance.

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