Q. We live in a rural part of County Limerick. There is farmland behind our home, mainly used for grazing. It was previously well maintained and drained. However, in the last few years, it has been somewhat neglected. The land on the other side of our wall has become increasingly sodden. During the recent heavy rainfall, the lands became entirely waterlogged and our back garden wall has partially fallen. We are worried about the structure of our garden. Our insurance is slow to deal with us, and we have no idea how to get in contact with the farmer. What can we do?
Dear Reader,
Firstly, you should try and obtain a valuation for remedial works to your home to make the garden wall structurally sound once again.
You should obtain a copy of your home insurance schedule. This will set out what the policy covers, and importantly what it does not cover. It is increasingly common that home insurance policies will not cover floods in areas that are prone to flooding.
- External Walls: Up to €8,000 Grant
- Attic: Up to €1,500 Grant
- Cavity Walls: Up to €1,700 Grant
- Internal Dry Lining: Up to €4,500 Grant
If the policy covers flood damage, you should continue to engage with your insurance company. If they continue to provide no proper reply, then you should instruct your solicitor to contact them indicating that you intend to sue.
If your policy does not cover damage cause by flooding, the costs may fall to be covered either yourself or the farmer.
Is your neighbor liable for the damages to your property? That question depends greatly on the actions taken by them. If they were doing active works which resulted in or increased the chances of flooding, then they might well be liable. However, if they simply neglect drainage works (as appears to be the case for you and your neighbor) then it is likely that no liability will attach to them. Whether or not they are liable depend on the exact circumstances of the matter – and you may need to instruct an engineer to give you a firm opinion.
It may also be wise to take photographs of your property as it is now. Naturally, you may wish to have a record in case the wall completely falls.
You should also try and do your best to secure the property as it is now. It may be the case that inaction on your part in reconstruction of the wall may result in your Insurers denying some or all of your claim.
If you have any concerns, do contact your solicitor.