Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Collapsed boundary wall

11 replies

NoMoreCookies · 20/08/2021 21:46

Builders have been busy clearing part of my land to prepare for a single storey extension. They had to, using a digger, scoop part of a bank of earth away (to flatten the land) rebuild a new wall on the newly fashioned but shorter bank. This bank is supporting a boundary wall. The builders were following the strict drawings of a Structural Engineer.

The boundary wall is right next to a narrow sloping road. This boundary wall is over 100 years old. The road is a quiet side road.

Despite taking extreme care, when removing part of the bank, a massive part of the boundary wall collapsed into my land. The builder called us immediately and said that the land was soaking, heavy and completely sodden - the remaining bank didn't have a chance of supporting itself.

The collapsed bank and wall revealed a broken pipe - long broken and seeping water into the surrounding ground. We called the water company who inspected the pipe and said that it wasn't one of theirs - it's a rainwater pipe so apparently owned by the local
Council (drainage).

The wall is costing us £5k at the very least to make safe, not to mention paying the Highways to protect the road from the ruined wall.

Structural Engineer has inspected the wall and the bank and confirmed that the land simply couldn't support itself because of how sodden and waterlogged it was. We are waiting for someone to rectify the dripping water.

Will our insurance cover this? DH thinks we should seek some sort of compensation from the council. I'm
Not sure!

OP posts:
NoMoreCookies · 20/08/2021 21:48

Should add that building regs have you inspected and they agree with the builder abs structural engineer.

OP posts:
NoMoreCookies · 20/08/2021 21:51

*and

OP posts:
DeeplyMovingExperience · 20/08/2021 21:52

Contact your insurance company but I wouldn't hold out much hope. Your works caused the collapse - not the rain soak-away drainage system.

Who owns the collapsed boundary wall?

NoMoreCookies · 20/08/2021 23:01

Thanks @DeeplyMovingExperience
The boundary wall is ours.

I'm writing the cost of as part of our quickly shrinking contingency and quietly relieved that the new wall will be stronger/safer for us and anyone walking along the road.

It's very tempting to try and get an insurance claim though. The builder has suggested that we go for it... I don't know.

OP posts:
NoMoreCookies · 20/08/2021 23:02

*off

OP posts:
DeeplyMovingExperience · 20/08/2021 23:08

With insurance, it has to be "an insurable event". So a wall falling down can be a sticky wicket. (I had a wall fall down so I've been there.)

If the wall has fallen down due to being in poor repair, it's not insured. If it was deemed to be knocked down by your builder, then that probably IS insured. Their negligence in causing damage is an insurable event. However, your insurance would possibly look to your contractor's insurance to pay for the damage if they are deemed to have caused the event.

whataboutthecat · 20/08/2021 23:14

It may be your structural engineer's insurance that you would need to claim on?

NoMoreCookies · 21/08/2021 09:00

Thanks for your input- much appreciated.

DH and I are now glad it's being done. Should the wall have collapsed in the future, we'd feel terrible - some of the bass slabs are enormous - someone could get badly injured.

Which begs the question- would this broken rain away pipe have eventually caused this wall and land to fall away?

OP posts:
1Dandelion1 · 23/08/2021 09:29

It's called hydrostatic pressure,
You might have a claim from you building insurer but only if the pipe serves your property and is your responsibility to maintain, and if it was damaged something the policy covers.
Worth a call.

kirinm · 23/08/2021 10:40

Unless the wall has caused damage to property then no, probably not. It may cover you for costs you are required to pay to any third party.

If the cause of the collapse is a failure by the council to maintain their pipe then yes, I would be looking to pursue the council.

kirinm · 23/08/2021 10:42

Also, possible negligence on the part of the SE if his / her design and method of work was not adequate to prevent the collapse.

Possible negligence on the part of the builder too.

New posts on this thread. Refresh page
Swipe left for the next trending thread