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We have represented clients in a significant number of complex land erosion and flooding claims, and are specialists in this area of law.

If your property has suffered damage, your first step in seeking redress should be through your insurer. If you are unhappy about the way in which your insurer settled your claim for property damage you should make a complaint to the Financial Ombudsman Service to see if they can assist you. They will investigate your complaint and if they feel you have been treated unfairly, they will expect your insurer to put things right.

Damage caused by man-made soil erosion or pollution

When your property is damaged as a result of man-made factors you may be able to claim damages from those with strict liability under the law of ‘nuisance’, which deals with the unlawful interference of use or enjoyment of land. Such property damage and land erosion claims are likely to be complex and there are several factors that will be considered by the court.

Man-made land and soil erosion, and pollution, may be the result of water leaks, seepage and soil degradation caused by a number of factors, including:

• Farming and agriculture
• Lack of maintenance of sewage pipes and drainage
• Wastewater networks of factories, industrial plants, and other commercial enterprises
• Tree removal during building works
• Mining and other commercial activities

Man-made soil erosion and pollution may cause, amongst other things, subsidence, and ground movement which causes collapse, heave, landslip and settlement.

Natural land erosion

Seaside and riverside properties suffer an inherent, natural risk of soil erosion and with continued extreme weather patterns causing increased flooding events, more and more houses and properties are at risk. When buying land or property, your surveyor or property solicitor should identify flood risks and make you aware during the conveyancing process.

Local searches should reveal known risks to the land, whether there are flood defence plans in place, and the full insurance position in respect of the risks identified. If appropriate searches were not carried out, or if you were not informed of results which indicated a risk of flooding or insurance exclusions, you may have a claim against your conveyancer for professional negligence.

Flooding and water ingress claims

Water damage and flooding issues are governed by the Flood and Water Management Act 2010 which places a legal responsibility on a number of agencies to manage flood risk.

Aside from an insurance claim, it may be possible to seek compensation from the authority responsible for managing the specific flood and water damage risk relating to your claim if they have failed to uphold their responsibilities under the Act.

Jonathan Tyler, partner and expert in flood damage claims, has significant expertise in cases all over England and Wales.  His relationships with hydrologists and other experts, as well as specialist counsel, ensures Wellers can provide a comprehensive legal team that can deliver high levels of service for every claim.