Whether the council have any liability in respect of this would depend on a variety of factors including whether they have done any work on the bank or not, whether your garden was built up to provide you with your flat garden, when that was built up, who built it up, and all those considerations. If you have buildings insurance, this is one of those things which you might want to get your insurance company to sort out between them and the council.
To prove that the council have been negligent in their maintenance or work on this area, you have to prove that the damage has been caused by something the council have done or something the council have not done and that the result was reasonably foreseeable. If this has been stable for many many years and the rain was of such proportions that this washed away, and it wasn’t reasonably foreseeable, then the council would escape liability.
It really comes down to what the reason was as to why the land collapsed and if, an inspection shortly before the collapse would have predicted that it was going to happen.
Can I clarify anything for you?
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That’s correct. However just because this collapsed of its own accord doesn’t necessarily mean that there has been or has not been negligence. The defect would have to be such that a reasonable inspection would have revealed the problem .
It would also depend on whether the council had for example don’t work on the area and built it up and had done so negligently to the point where it collapsed.
Thank you. There is no reason why you are conduct with the council should be cordial at this stage. After all, this isn’t personal, you have suffered a large loss. This is simply a commercial issue.
It may be that the cutting down of the tree has destabilised the land it may be that the overflow discharge pipe has done the same.
It may be a combination of both the new you are going to need is a report from the civil engineer which states exactly why this bank has now started to move after having been in place for many years.
It was my pleasure to help you. I hope you get it sorted. Best wishes.