Liability insurance for garden wall?

Quentin

If you are accepting the situation (that the wall wouldn't be covered by insurance and any damage it does will have to be paid for yourself), then don't mention it at all to your insurer - it will just be an unneccessary "black mark" on your insurance record.

(Your home insurance (buildings) is usually required from exchange, not completion date)

lowtide

We know that most policies don't cover the cost of repairing or replacing garden walls, regardless of their state. Therefore we're not expecting to claim for that should the wall fall over before repair. What we're trying to work out is whether we'd be covered by public liability insurance during the period it takes to find someone to fix it?

lisyloo

What is the difference between the vendors having it fixed and including the cost in the purchase price?

There are two difference (to the vendor).

1) The vendor has to put the money up front (they may not have it).
2) It's at the vendors risk i.e. they are out of pocket if the deal falls through.

Of course the seller has the right to pull out of the deal

during the period it takes to find someone to fix it?

As you haven't bought the property yet, then could you line up someone to fix it on the day you move in?

peterbaker

I really would not let this adversely affect my decision to buy unless it is a ginormous wall with listed building status! My decision to negotiate would be something else!

Have you actually established that it is solely your responsibility? Clearly the neighbour you spoke with is bringing it to your attention as such, but have you spoken to your solicitor about whether it is?

I do not think you should write anything to anyone committing yourself to any liability for anything to do with this wall. It is normal to make early contact with new neighbours so if you really think the wall won't survive the next gust of wind then you might when you say hello, just feed in an inconspicuous enquiry to make sure that children don't play near it. The neighbour is apparently already aware of the defect so no further warning is reasonably required unless it gets much worse before you fix it.

Of course if still negotiating with the vendor then play it up. Clearly since they never got around to doing the job, they aren't going to do so now.

On the insurance front I think I partly agree with Quentin in that if you declare it to one insurer then you must declare it to all whom you may approach later if you don't like insurer 1's answer (a self-inflicted black-mark if you like).

Unless that wall is clearly dangerous to all who survey it (I don't mean surveyors I mean lay persons) then it might be best if this was kept low profile as far as insurers and neighbours are concerned until you are ready to deal with it. To a degree you know you would thereby be taking a liability risk upon yourself which may get investigated (and possibly avoided) by the insurer if a nasty claim arose. If you feel very uncomfortable with that, then don't show your discomfort directly to your insurer (underwriter) or they will become uncomfortable. If your insurance is via a good insurance broker then they may be able to talk the insurer (underwriter) into allowing cover to be uncompromised in return for an assurance from you that it will be fixed in say 90 days. Don't try negotiating that yourself with a bof-standard homeowners buildings insurer direct - call centre staff mostly wouldn't be authorised or disposed to discuss anything non standard and would be likely to relieve you of cover for it immediately.