Liable or not ??????

xxxdarlingxxx

Bit long but here goes


My mum & dad are in their 70’s and live in a wee bungalow on a hill. The next door neighbour is separated from them by a wall which is about 4 – 5 foot high. If I stand at the wall my shoulder is level with the neighbours feet



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Neighbours garden
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Last month after heavy rain the wall gave way and the soil all fell onto my folks drive. The wall has been listing for about a year. Next doors down pipe pours out onto the earth and there is no drainage.

Now my mums insurance say they are liable for half the party wall which is not covered, but I think the wall wasn’t at fault it was the wet earth on next doors side that pushed over the wall.

Anyone any experience of this, Scots law if that makes any difference.

thanks

kat21

I think you may want to ask whom installed the wall and did they take into account the fact that the wall was acting as a retainer, did they build in measures to let water pass through the wall? if its a long wall does it have expansion joints in it? you really need to look at the construction of the wall and if its fit for purpose?
kat21