I want to know if there is any legal action i can take against the newspaper for publishing a photo of my property and talking about subsidence when there is no issue.
the link to the article is:
I had a good friend who lived in Kimberleya when I was in financial services over 20 years ago. I seem to remember theyhad an annual pram race which was a big event. I threatened to go over oneweekend for several years but it never happened. I should look him up.
This is the second time this kind ofthing has cropped up on this site in the last fortnight was over differentissues in completely different areas.
The newspaper is reporting actualevents, and you couldn't do nothing to stop them reporting the actual eventsand can do nothing to stop them printing what people have said.
In this area a coal search is mandatorywhen buying a property and British Coal have 99% accurate records of where themine shafts and the workings are.
In the property eventually subsides dueto past coal workings British Coal will pay compensation.
In order for you to claim compensationin respect of the article you would have to prove that you have suffered loss.
You would need proof from a valuerwould give a value before the article was printed and proof from a valuer afterthe article was printed.
You would need evidence that thearticle had devalued your property.
In that respect, it may be worth whilespeaking to a couple of local agents to get their slant on it.
Without that evidence, you are dead inthe water.
Assuming that you get that evidence, youare then faced with sueing the newspaper for defamation or blight. It would notbe easy litigation and it is unlikely that you would find the solicitor to dealwith it No win no fee.
If you went to court and lost you couldbe looking at a legal bill of between 10,000 and £20,000, although if you won,you would get that back.
It depends whether you want to spendand risk the money on the litigation and whether, in the eyes of an experiencedvaluer, the article makes any difference to the value of your property.
I appreciate that this isnt what you want to hear but there is no point in me misleading you.
Does that answer your question? Can I helpfurther?
The next part is really important for me:
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Incidentally, dealing with coal mines is aspecialist job and can only be undertaken by British Coal because of the gasrisk. The builders therefore will not have been able to "deal" with anythingbut will only have been able to have carried out searches and investigations.
They may have put the properties on a raft however,to minimise substance damage