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Category: Property Law
Satisfied Customers: 51
Experience:  Expert
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My retaining wall is collapsing on to a highway, has the

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My retaining wall is collapsing on to a highway, has the council any responsibility as a duty of care to repair the wall .
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I’ve approached the council, they have just said it is my wall .
JA: Where is the property located?
Customer: Weston Super Mare
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don’t think so .

Good morning, thank you for your enquiry my name is ***** ***** I am a Solicitor. Whilst the Council does have a duty of care to ensure the highway is properly maintained and free from Hazards the law does not impose an absolute duty. This means that the council will escape any liability by showing they have a regular system of inspection and maintenance. The maintenance aspect of their duty of care only applies to that which falls under the councils remit. The fact that you have legal ownership of the wall means that you are responsible for any maintenance works relating to it regardless if it falls on to a public highway. In the event an accident occurs you would be responsible for the costs involved. My advice is to have the wall repaired at your own cost or via your home insurance policy to avoid any liability. Kind regards Daniel.

DanielM311 and 3 other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Will my insurance pay out if so because of subsidence ?

Thank you for your response. This will entirely depend on what coverage is under your policy. You should check the terms of this to see what is covered. If you cannot locate your policy it is best to call your insurance company to check this. How long have you lived at the property?

Customer: replied 13 days ago.
18 years

Ok so it’s unlikely you will have the benefit of a builders warranty so my original advice remains on this. Please contact your insurance company to check if they will cover the damage. If not it’s one you will need to repair at your expense. I hope my response has assisted you today.

Customer: replied 13 days ago.
Thank you