Collapsed Retaining Wall Dispute

DannyFarley

Looking for help! 
My Retaining Wall has collapsed onto the adjacent highway. Although we found in our documents a document stating that the highways adopted the retaining wall, we lost in court due to documentation being lost by the council and the plans only show a sloping garden. The wall collapsed August 2016 and we've been fighting ever since. Insurers won't pay out as they say its not due to subsidence. We are at the point now where we are getting the house valued tomorrow to see what the shortfall we can expect. We have been told that our wall alone (next door neighbours wall collapsed at the same time) we are looking at £50,000 repair bill. I was wondering if anyone had any advice or help the could offer please? 
If you search (Google) collapsed wall in Abertridwr you will see the post on the BBC news to give you an idea of what we are up against. 
TIA for any help. 

chrisw

Anniversary party held over Abertridwr collapsed wall https://www.bbc.co.uk/news/uk-wales-49448836

Homeowners fight council over £100k collapsed wall bill http://www.bbc.co.uk/news/uk-wales-44259208

GDB2222

I’m sorry to hear about this. I’m sure you have researched this fully, but £100k seems like quite a large quote. 

markin

From what i remember from reading the gardenlaw forums its always the responsibility of the land owner that digs down to retain the land, so as they dug down to have a flat road and paths its up to them to retain your land, the was at least 1 thread very much like this story over there, i don't know how that story ended.

https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=4

GDB2222

markin said:

From what i remember from reading the gardenlaw forums its always the responsibility of the land owner that digs down to retain the land, so as they dug down to have a flat road and paths its up to them to retain your land, the was at least 1 thread very much like this story over there, i don't know how that story ended.

https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=4

That advice may be absolutely correct, but it's too late to help. The OP says he lost in court, and he can't go back for a retrial.

DannyFarley

markin said:

From what i remember from reading the gardenlaw forums its always the responsibility of the land owner that digs down to retain the land, so as they dug down to have a flat road and paths its up to them to retain your land, the was at least 1 thread very much like this story over there, i don't know how that story ended.

Thanks mate. 
From research we believe the wall was built before the houses to stop subsidence onto the highway. 

Not sure where we stand with that? 

The court case was all based purely on the adoption papers and nothing else, which was quite frustrating. 

DannyFarley

GDB2222 said:

I’m sorry to hear about this. I’m sure you have researched this fully, but £100k seems like quite a large quote. 

Hi, 
Thank you. 

Not one builder has given us an official quote, no one wants to touch it. 

markin

DannyFarley said:

markin said:

From what i remember from reading the gardenlaw forums its always the responsibility of the land owner that digs down to retain the land, so as they dug down to have a flat road and paths its up to them to retain your land, the was at least 1 thread very much like this story over there, i don't know how that story ended.

Thanks mate. 
From research we believe the wall was built before the houses to stop subsidence onto the highway. 

Not sure where we stand with that? 

The court case was all based purely on the adoption papers and nothing else, which was quite frustrating.

Thats what i suspected really, Its quite baffling you/others went to court based on the adoption papers, The papers seemed clear to me that it was below ground, did no lawyer read them first?

You should start a thread over at gardenlaw.

DannyFarley

markin said:

DannyFarley said:

markin said:

From what i remember from reading the gardenlaw forums its always the responsibility of the land owner that digs down to retain the land, so as they dug down to have a flat road and paths its up to them to retain your land, the was at least 1 thread very much like this story over there, i don't know how that story ended.

Thanks mate. 
From research we believe the wall was built before the houses to stop subsidence onto the highway. 

Not sure where we stand with that? 

The court case was all based purely on the adoption papers and nothing else, which was quite frustrating.

Thats what i suspected really, Its quite baffling you/others went to court based on the adoption papers, The papers seemed clear to me that it was below ground, did no lawyer read them first?

You should start a thread over at gardenlaw.

We paid a Barrister to look at all our information and he said he didn't think we had a chance. We also had a retired Law lecturer helping us who is the one who when to court and was adamant he had everything he needed with the adoption papers and that is why the court was all revolved around that subject. It's come to a point now that if we lost the house we would be happy, but looks like we will lose our house with debt afterwards also!

I will post in the gardenlaw now though see if anyone can help there. 

Thanks for your help mate, really appreciate it.