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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Where two people share a boundary wall that is defective, how

Resolved Question:

Where two people share a boundary wall that is defective, how can one person ensure that the insurance claim can proceed if the other party refuses to contact their insurance company?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. Can you explain your situation a little more please?

Customer:

For many years,5 or more my sister has been battling with this problem. She had the wall repaired previously but the concrete was not treated to remove the air and now leaks into her property. The neighbour refuses to co-operate as he is trying to sell his house. My sister has mental health issues and is a widow, the strain is enormous and she can no longer deal with this-hence my involvement.

tdlawyer :

Okay. Either party should complain to their own insurance company and then that insurer will get in touch directly with the other person's insurance company.

tdlawyer :

Both landowners don't need to report it together.

Customer:

This does not work it has been tried and both companies are required to involve their insurers.

tdlawyer :

No, that shouldn't be the case. It sounds like the insurance companies are trying to avoid dealing with this.

tdlawyer :

Why are you rating this as bad service please?

Customer:

So how do I get them to deal fairly with it?

Customer:

Because it is advice that does not help

tdlawyer :

I was coming on to that part ...

tdlawyer :

My suggestion is this: either proper owber needs to make a formal complaint to the insurance company concerned. Then, they will be forced to review their previous decisions on this, and you will then have the right to refer their decision/conduct to the financial services ombudsman.

tdlawyer :

This should help - the ombudsman has the power to require them to action the claim and pay out for repairs on the policy.

tdlawyer :

However, as this is a boundary wall, what will need to happen also, is that a party wall surveyor will need to be instructed.

tdlawyer :

He/she will consider what works need to be done, and his award (decision) will be binding on both parties.

tdlawyer :

A party wall act notice would need to be served to start the process by either property owner.

Customer:

We have done the formal complaint, in 5 years we have tried every reasonable thing and I would not have contacted you if I had any more options open to me.

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