Will claim for repair to neighbour's drain (we have shared benefit) be considered as subsidence

PJ_B

Our neighbour (1910 semi detached house) is pursuing a subsidence claim with their insurer - our property hasn't shown any movement and, while not underpinned may be helped by more modern foundations from an extension built 15 years ago.  The neighbour's loss adjuster has advised us that there is damage to a rainwater drain which, while under the neighbour's front garden, serves gutter from both houses, and told us we need to contribute 50% of the repair cost.

Is there a risk that if we claim under our insurance, our insurer will consider the claim as subsidence related, with implications both for the excess and more importantly flagging a subsidence risk for our property which may affect our insurance and our ability to sell?  The drainage survey states that the damaged drain is not causing subsidence and the repair is preventative - but the wider diagrammatic plan shows an area (including our house) marked 'subsidence).

Are we better to settle privately for our share of the bill, or should we ask that the drains survey removes the implication of any subsidence relating to our property, given that that we've no damage, are making no claim and the loss adjuster/drains surveyor aren't acting for us, before it's shared with our insurer?

Any advice would be greatly appreciated.

CoverWiki

For you to claim under your insurance, I think your insurer would have to consider the claim as subsidence related. If the drains were damaged by subsidence (albeit your neighbours) then a claim would be logged against the insured peril of subsidence and you've not indicated the damage was caused by anything else. 

You mention the repair is preventative - if there's evidence that without the repair being completed your home would also be at increased risk of future subsidence and that you are not in a position to pay for it yourself, your insurer may offer to contribute on an ex-gratia basis. So whilst not technically covered (as no damage to your property has yet occurred) they may see that sending some money your way to cover all or some of the work now could ultimately prevent a far greater and costly claim further down the line. You'd have to talk to them to discuss your options, but be mindful they may then insist on a claim being recorded.

When you're getting quotes for insurance in future, be careful to check how the subsidence question is worded as many will extend the question to include neighbouring properties too, so whether you pay for the repair yourself or ask your insurer for help this time around, there may already be knock-on consequences due to the neighbour's subsidence claim.

eddddy

PJ_B said:

The neighbour's loss adjuster has advised us that there is damage to a rainwater drain which, while under the neighbour's front garden, serves gutter from both houses, and told us we need to contribute 50% of the repair cost.

Since October 2011, shared drains are usually the responsibility of the water company - even if they're on private property - assuming they're connected to the public sewer, as opposed to going into a private soakaway. 

As an example, Severn Trent water company confirm:

Water company responsibility

We’re also owners of most sections of sewer pipes and drains that you share with your neighbours.

https://www.stwater.co.uk/my-supply/waste-water/looking-after-your-sewers/sewer-pipe-responsibility/

But it's very surprising that an insurance company's loss adjuster doesn't know this. So perhaps there's a special reason why this is an exception. But it might be worth checking.

PJ_B

Thank you for the responses - much appreciated.  The point that shared drains are normally the responsibility of the water co is interesting.  This is a drain that only takes rainwater from roof guttering on both properties - it isn't a shared sewer drain.  But, according to the drainage survey, it then connects to the drains underneath the neighbour's manhole, the out to the under street drains.  Would there be an exemption for RWGs?  I will in any case raise with the loss adjuster, so thank you for the thought.

We're probably minded to settle privately if liable - the neighbouring subsidence problem is something for which they've been refused underpinning and which appears to be being addressed via 'stabilisation' and a tree root barrier.