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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I have a wall over a 100 years old boardering my property.

Customer Question

I have a wall over a 100 years old boardering my property. Southern Water have spent the last 18 months coming along side my wall to do construction works at the water site. The abnormal loads in the giantic vehicles seems to have weaken the wall which I presume has no foundations. The wall is now in considerable disrepair and they refuse to may me out. I have documentation, photographs and letters supporting my case.
Submitted: 4 years ago.
Category: Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hello, welcome to Justanswer

tdlawyer :

My nam eis Tony and I shall help you with this.

tdlawyer :

If, through abnormally heavy loads etc., the water company has caused the wall to become unstable and/or caused damage to it, then they are under an obligation to put that right.

tdlawyer :

There is a string of cases that make this clear.

tdlawyer :

They should have taken reasonable precautions to start with, but the bottom line is that if they cause your property damage, they are liable to put it right.

tdlawyer :

Do you know what the cost is likely to be to put the wall back into a stable position?

JACUSTOMER-e1ihd9dc- :

Well that is exactly how I feel, however, they did put studs into the wall surrounding the cracks. These cracks have not moverd. The whole wall has been weakened, the grouting has come loose and the bricks are falling out. I feel because the wall is so old it is still standing fairly solidly. There is evidence that the wall has also been backed into .

JACUSTOMER-e1ihd9dc- :

Southern water say they have no report verifying this. All I know is with the volume of traffic over this period and the need to close the one way system so that these huge trucks had access must surely be the problem. I do have photographs showing how these trucks came passed my wall

tdlawyer :

I agree with you about this and can understand why you fell as you do!

JACUSTOMER-e1ihd9dc- :

So how do I proceed???

tdlawyer :

Can they give evidence the other way, it sounds like they might not be able to.

tdlawyer :

You would issue proceedings if needed in the county court.

tdlawyer :

What would it cost do you think?

JACUSTOMER-e1ihd9dc- :

What do you mean by the other way?

JACUSTOMER-e1ihd9dc- :

yes, i feel strongly about the way they seem to have abdicated all reponsibily. We have lived in this property for 20 years and the wall has never given us any trouble.

JACUSTOMER-e1ihd9dc- :

I am asking for no more than £5000.00

tdlawyer :

I mean can they give evidence that they haven't damaged it.

tdlawyer :

Then as you're asking less than £10,000 this is a small claims matter.

tdlawyer :

It's an informal court process and an easy one to use.

tdlawyer :

Are you still there?

tdlawyer :

You could issue your claim online at www.moneyclaim.gov.uk or issue an N1 Claim Form in your local county court.

Expert:  Nicola-mod replied 4 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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