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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6904
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Does the Surrey County Council, as the highway authority,

Resolved Question:

Does the Surrey County Council, as the highway authority, have an obligation in law to maintain a road in a condition suitable for the type of traffic it permits to use it?
Submitted: 11 months ago.
Category: Law
Expert:  Michael Holly replied 11 months ago.

Do you have a specific vehicle in mind or are you referring to normal traffic?

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 11 months ago.
The front wall to our property has had to be replaced because it was falling into the road. Independent foundation/structural engineers have told me the cause of the problem was the impact of very heavy vehicles passing immediately adjacent to it (it is a very narrow road) which have compressed the road and impacted the wall's foundations creating a 'tipping moment'.
Expert:  Michael Holly replied 11 months ago.

Dear Nigel

Well, that was a pretty frustrating couple of hours.

I cannot find any statutory duty in respect of the local authority maintaining or contributing to walls abutting the highway save for their ability to repair a retaining wall that may present a danger to passers by as a matter of urgency and recover the cost from the landowner.

There is not a case I can find that supports a claim in tort and I have combed Practical Law which is the usual source for such information.

The case I was thinking of related primarily to flooding

I know local authorities have contributed to the upkeep of such walls where the property is listed or of interest but this seems to be done either by voluntary contribution or some sort of local grant scheme.

The bot***** *****ne is that you may be able to claim on your insurance and that's pretty much it.

Best regards

Michael