Liability insurance for garden wall?

lowtide

Hi, we are looking at buying a house. The surveyor reported that the garden wall with our neighbour is badly cracked and leaning at a worrying angle towards their garden.

I appreciate that a new home insurance policy wouldn't cover the cost to repair/rebuild this wall - but would we still be covered for public liability? For example, if the wall happened to fall over and injure someone while we were waiting for a contractor to start the repair work.

Thanks in advance for any advice

Dangermac

lowtide wrote: »

Hi, we are looking at buying a house. The surveyor reported that the garden wall with our neighbour is badly cracked and leaning at a worrying angle towards their garden.

I appreciate that a new home insurance policy wouldn't cover the cost to repair/rebuild this wall - but would we still be covered for public liability? For example, if the wall happened to fall over and injure someone while we were waiting for a contractor to start the repair work.

Thanks in advance for any advice

Buildings Insurance usually includes Property Owners Liability cover, therefore, this would cover this type of eventuality.

However, many insurers ask if the premises is in a good state of repair. And even if they dont, you should disclose this fact to them.

It is very likely that some/many insurers would not wish to cover you in these circumstances.

Could you get the vendor to do the work for you?

DM

dunstonh

The survey has highlighted an issue that involves cost. So, you should now go back to the vendor (via the estate agent) and reduce the price offered to cover the cost of the repair or tell the estate agent that you want this fixed before you purchase it.

lowtide

Thanks for the replies

I appreciate that we may be able to get the vendor to either fix the problem or offer a discount, but we have already been able to secure a good discount off the asking price and this may have been as a result of their knowledge of things like the garden wall. It's not something we've ruled out, but really I was curious about the liability should the wall fall over between the completion date and us finding a contractor to repair it.

bouncydog1

As mentioned there are certain elements of disclosure required between yourself and the insurer at the point of taking out the contract. As garden walls don't just fall down, if this were to happen, the loss adjuster would investigate the circumstances which would reveal the issue, leaving you to foot the bill.

If you can't get the vendor to fix the wall, then you should take immediate steps to shore the wall up pending repair.

I think it highly unlikely you will be able to insure for this as insurance is there to cover the unexpected.

societys_child

lowtide wrote: »

Hi, we are looking at buying a house. The surveyor reported that the garden wall with our neighbour is badly cracked and leaning at a worrying angle towards their garden.

Who's wall is it? You haven't said.

Is is definitely your boundary and you're responsible, or your neighbours and therefore their responsibility or shared?
It will be shown on the deeds. Or should be.

lowtide

bouncyd!!! wrote: »

I think it highly unlikely you will be able to insure for this as insurance is there to cover the unexpected.

The thing is that we aren't looking to insure the cost of rebuilding the wall, we're mainly worried about being covered for public liability between the day we move in and a builder rebuilding the wall. Surely this isn't unique to us? For example others may buy houses with loose tiles and then have a short period before they can be fixed.

The wall belongs to the property we are looking to buy. Surveyor mentions existing damage likely from tree roots.

bouncydog1

I do realise you are looking to insure the liability aspect, but as mentioned the state of the wall is already known to you because of the surveyor's report states this.

In my view, unless you can get confirmation from insurers in writing that they will extend cover on the basis of the scontent of the surveyor's report, I would not contemplate completing on this property until the damage has been repaired.

If you have negotiated a deal taking into account the state of the wall, then you are going to have to pay to have it fixed. What is the difference between the vendors having it fixed and including the cost in the purchase price?

lowtide

I'm going to secure some written estimates for the cost of repairing or rebuilding the wall. If we were able to negotiate a further reduction on the asking price at this stage (we're near exchange) then would we need to get a new mortgage offer as, presumably, any price reduction would affect the loan to value percentage we agreed with them?

peterbaker

@OP
You have mentioned two periods you were worried about which are slightly inconsistent:
1) The period between exchange and completion (where the liability is not yours to worry about)
2) The period after completion until the wall is rebuilt.

Edit: I have re-read your posts and forgive me I think I may have misunderstood slightly on the first read of the thread, and that you already do understand that it is not your liability until completion ... however, for clarity ...

Neither is insurable if you properly disclose the risk when proposing for liability insurance. Insurance exists to cover unforeseen risks. The underwriters are not bookies ... you probably already realise this !

If it really is so very unsafe and isn't going to be fixed unless you fix it then why not simply make it a priority to make it safe i.e. notify the neighbour that as soon as you move in you plan to demolish it until you are ready to rebuild it?


I suspect that you have your surveyor to thank for getting you in a bit of a tiz and that the wall will not fall until there is an earthquake. If it were me I might calmly step back and assess what we really have here.

I suspect that a surveyor could find something wrong with half the garden walls in the country . I know of two within 200 metres that might be described the same way yours has been described and they are less than 15 years old and supposedly built by proper bricklayers working for a national homebuilding company :rotfl:

So perhaps if you are serious about this house you could have a word with the neighbour about it and agree that it has been like that for however long it has and that the neighbour doesn't mind living with it until it is fixed if you decide to buy it? They will probably be most pleased to know that such a caring newcomer is planning to move in next door.

Of course if it really is leaning precariously and there is any chance of children going near it then it deserves the "tiz".

lowtide

Hi Peter, thanks for the message - you've really hit the nail on the head re: the 'tiz' and the surveyor! As for the period we are worried about, it is indeed the period just after moving in and before a contractor could start work to demolish or repair the wall.

Speaking to the neighbour of the affected property, he said he'd been meaning to mention it to our vendor for a while (I believe the wall in question isn't overly obvious from 'our' side of the garden due to tree/bushes).

I had wondered whether to drop a note/letter in to the neighbour when we move in, explaining that we will be repairing or removing the wall as soon as possible, and advising he stays clear of the affected area for the time being, do you think that would be a good idea or am I getting too worried about this?

With regards to the home insurance (which will we need as soon as we move in) do we just need to tell them about this wall or would it just be excluded from cover by default? (due to the surveyors report noting it).