Compensation Claims for Damage to Property
If your property has been damaged because of someone else’s actions, you may be entitled to recover the cost of repairs and any other financial losses you have suffered.
Property damage disputes can arise in many different situations. A neighbour’s building work may damage your home. A contractor may carry out defective work. A leaking pipe from the property next door may cause extensive damage. A vehicle may damage a wall or boundary. A tree may fall because it has not been properly maintained.
Whatever the cause, obtaining early legal advice can often prevent a relatively straightforward dispute becoming an expensive and lengthy court case.
The property damage solicitors at Bonallack & Bishop advise homeowners, landlords, businesses, developers and property owners throughout England and Wales. We aim wherever possible to resolve disputes quickly through negotiation, while remaining ready to take court action when necessary to protect our clients’ interests.
A note about smaller claims under £10,000
It is important to understand that many property damage claims worth less than £10,000 are likely to be dealt with under the Small Claims Track of the County Court.
In most small claims, the general rule is that the successful party cannot recover their solicitor’s legal costs from the losing party, even if they win the case.
Although certain limited costs, such as court fees and some witness expenses, may still be recoverable, each party usually pays their own legal fees. This can have an important impact on the commercial value of pursuing a claim. In particular it is often not cost-effective to employ solicitors on small claims under £10k.
Suffered property damage? Looking for specialist legal advice. Call us on FREEPHONE 0800 1404544 or one of our three local office numbers for FREE initial phone advice – no strings attached.
What Is A Property Damage Claim?
A property damage claim is a legal claim seeking compensation for damage caused to land, buildings or other property.
The claim may arise because someone has:
- Been negligent.
- Created a nuisance.
- Trespassed onto your land.
- Breached a contract.
- Failed to comply with legal duties relating to property.
Depending on the circumstances, you may be entitled to recover:
- The reasonable cost of repairs.
- The cost of making the property safe.
- Loss in value of the property.
- Professional fees, such as surveyors’ reports.
- Alternative accommodation costs.
- Loss of rental income.
- Business interruption losses.
- Other financial losses directly caused by the damage.
- Interest and legal costs where appropriate.
According to the property dispute solicitors at Bonallack & Bishop, identifying the correct legal basis for a claim at an early stage often makes settlement significantly easier.
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Common Types Of Property Damage Disputes
Property damage claims arise in many different situations. Examples include the following:
- Damage caused by neighbouring building works.
- Structural damage caused by excavation.
- Subsidence.
- Water leaks from neighbouring properties.
- Escape of water.
- Flooding.
- Damage caused by defective drains.
- Damage from trees or roots.
- Retaining wall failures.
- Damage caused by contractors.
- Boundary wall damage.
- Fire damage caused by another party.
- Vehicle damage to buildings or walls.
- Damage caused by utility companies.
- Damage resulting from defective construction work.
- Commercial property damage.
- Damage to listed buildings.
- Agricultural property damage.
Every case depends on its own facts, which is why obtaining legal advice at an early stage is important.
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Property Damage Caused By Neighbours
One of the most common enquiries we receive involves damage caused by neighbouring properties. Neighbour disputes of this nature are surprisingly common. ThisExamples include:
- Water escaping from a neighbouring property.
- Roof repairs causing damage.
- Trees damaging foundations.
- Excavation causing subsidence.
- Building work damaging shared walls.
- Contractors entering neighbouring land without permission.
- Damage to fences and boundaries.
If your neighbour has caused damage through negligence or by creating an unreasonable interference with your property, you may have a legal claim.
The law of negligence and the law of private nuisance commonly apply in these situations.
A person who owns or occupies land may be legally responsible where they fail to take reasonable care to prevent foreseeable damage to neighbouring property.
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Damage Caused By Building Work
You probably will not be surprised to hear that building work regularly gives rise to disputes.
Examples of this particular kind of property damage includes the following:
- Cracked walls.
- Damaged foundations.
- Collapsed retaining walls.
- Damage caused by piling.
- Vibration damage.
- Water ingress.
- Damage caused by scaffolding.
- Damage to driveways or gardens.
If building work is carried out negligently and causes damage to neighbouring property, the owner, contractor or both may be legally responsible depending upon the circumstances.
Where work affects a party wall, additional rights and obligations may arise under the Party Wall etc. Act 1996.
If building work involves excavation close to neighbouring buildings, expert structural engineering evidence is often required.
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Water Damage And Escape Of Water Claims
Water damage can be particularly expensive because it often continues for some time before being discovered. The kind of incidents that give rise to these kind of water -related damage claims include:
- Burst pipes.
- Leaking bathrooms.
- Faulty plumbing.
- Overflowing water tanks.
- Blocked drains.
- Failed roofing.
- Defective guttering.
If water escapes from one property and damages another, the person responsible may be liable if they failed to take reasonable care or failed to remedy a known problem within a reasonable time.
If a landlord knows about a leak but fails to repair it, and the leak damages neighbouring property, the landlord may be legally liable for the resulting losses.
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Damage Caused By Trees
Trees can cause considerable damage to neighbouring property in a number of quite different ways. Common examples include:
- Root damage.
- Subsidence.
- Fallen trees.
- Falling branches.
- Damage to walls.
- Damage to drains.
- Damage to roofs.
Property owners owe duties to take reasonable care in maintaining trees where damage is reasonably foreseeable.
The question of whether liability exists will depend upon factors including:
- The condition of the tree.
- Whether warning signs existed.
- Whether inspections were carried out.
- Whether professional advice had been obtained.
- Whether the owner knew or ought reasonably to have known of the risk.
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Defective Building Work
Not every property damage claim involves a neighbour. Sometimes the problem lies with contractors or the original developers. Examples of defective building work giving rise to potential compensation claims include the following:
- Poor workmanship.
- Structural defects.
- Incorrect installation.
- Defective roofing.
- Damp proofing failures.
- Drainage defects.
- Inadequate foundations.
If defective work breaches the building contract, you may have contractual remedies in addition to claims in negligence. The precise legal position depends on the terms of the contract, the work undertaken and the losses suffered.
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Can I Claim Against My Neighbour’s Insurance?
Sometimes, although in many cases, your claim is actually against the neighbour or other responsible party rather than directly against their insurer.
However, insurers frequently become involved in negotiating and settling property damage claims. Your own buildings insurer may also become involved. If your insurer pays for repairs, it may seek to recover its losses from the responsible party.
According to the litigation solicitors at Bonallack & Bishop, understanding how insurance claims interact with legal claims is often key to achieving the best outcome.
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What Evidence Will I Need?
Strong evidence is often the difference between a successful claim and an unsuccessful one. Regardless of how strong you think your cases – success depends on being able to prove your position.
Useful evidence may include:
- Photographs.
- Videos.
- Surveyors’ reports.
- Structural engineers’ reports.
- Builder quotations.
- Repair invoices.
- Insurance reports.
- Expert reports.
- Witness statements.
- Correspondence.
- Planning documents.
- Party Wall documentation.
- Land Registry plans.
It is usually sensible to keep detailed records from the earliest stage.
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Do I Need An Expert Surveyor?
In many significant property damage cases, yes, you will. Expert evidence can establish:
- What caused the damage.
- Whether the damage is ongoing.
- The cost of repairs.
- Whether the repairs proposed are reasonable.
- Whether neighbouring works caused the damage.
- Whether another explanation is more likely.
Courts often place considerable weight on independent expert evidence.
Obtaining the right expert at the right stage can avoid unnecessary costs later. Our property damage solicitors can help you with that.
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What If My Neighbour Denies Responsibility?
This is very common. A neighbour may argue:
- They did nothing wrong.
- The damage was pre-existing.
- The damage resulted from natural movement.
- Another contractor caused the problem.
- The damage was unavoidable.
- The repairs claimed are excessive.
Where liability is disputed, expert evidence frequently becomes essential. If negotiations fail, court proceedings may become necessary.
Will I Recover My Legal Costs If I Win?
Not always. If your claim is allocated to the Small Claims Track (currently generally for claims worth up to £10,000), the usual rule is that each party pays their own legal costs regardless of who wins, although limited expenses such as court fees may be recoverable. For larger claims, different costs rules generally apply.
Can my home insurance cover the legal costs of a property damage claim?
If your property has been damaged, you may be able to recover some or all of your legal costs through your home insurance policy. Many buildings and contents insurance policies include legal expenses insurance, either as standard or as an optional extra. This may cover the cost of instructing solicitors to pursue a claim against a neighbour, builder, contractor or another party responsible for damage to your property.
Cover will depend on the terms of your policy, including any exclusions, financial limits and requirements concerning the prospects of success. You should check your policy carefully, particularly the section dealing with legal expenses cover. In some circumstances, you may also have the right to choose your own solicitor rather than use the firm recommended by your insurer.
At Bonallack & Bishop, we can advise you on your property damage claim and, where appropriate, explore whether your legal costs could be covered by your insurance.
Contact our property damage solicitors for an initial discussion about your options.
How Long Do I Have To Bring A Claim?
Time limits depend upon the legal basis of the claim. Many property damage claims are subject to the limitation periods contained in the Limitation Act 1980.
For many negligence and contractual claims, proceedings generally need to be started within six years, although different limitation periods can apply depending upon the circumstances.
Because limitation rules are complex and exceptions exist, you should seek legal advice as soon as possible. Waiting too long may result in your claim becoming time-barred and the loss of any right to compensation.
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How Are Property Damage Disputes Resolved?
Most claims fortunately settle without a trial. And that is good news because taking a case always to a fully contested trial is very expensive, and with current court backlogs, the delay is likely to take years.
Resolution of these kind of damage claims may involve:
- Early legal advice.
- Letters of claim.
- Disclosure of documents.
- Expert reports.
- Negotiation.
- Mediation.
- Alternative dispute resolution.
- Settlement agreements.
If settlement cannot be achieved, court proceedings may be appropriate. However, the Civil Procedure Rules encourage parties to exchange information and seriously consider alternative dispute resolution before trial. Furthermore, if a party unreasonably refuses mediation, the court may take that conduct into account when deciding liability for legal costs.
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The Legal Principles Behind Property Damage Claims
Property damage claims may arise under several different areas of law. These include:
- Negligence.
- Private nuisance.
- Trespass to land.
- Breach of contract.
- The Party Wall etc. Act 1996.
- The Limitation Act 1980.
- The Civil Procedure Rules.
- The common law relating to land ownership and occupiers’ responsibilities.
The correct legal basis depends upon the facts of each individual case.
If defective building work damages neighbouring property, the owner of the damaged property may have claims in negligence, nuisance or under other legal principles depending upon how the damage occurred.
If a contractor breaches a building contract and defective work causes property damage, the property owner may have both contractual and negligence claims.
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Why Choose Bonallack & Bishop?
Property disputes can be stressful, expensive and disruptive. Our specialist property dispute solicitors (property -related claims is all they do) understand that clients usually want practical solutions rather than lengthy litigation.
When you instruct Bonallack & Bishop we will:
- Listen carefully to your concerns.
- Explain your legal options in plain English.
- Assess the strengths and weaknesses of your claim.
- Help obtain the right expert evidence where required.
- Attempt to negotiate an early settlement where appropriate.
- Protect your position if court proceedings become necessary.
According to the property litigation team at Bonallack & Bishop, many disputes can be resolved successfully through early legal intervention before positions become entrenched.
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Speak To Our Property Damage Solicitors
If your home, commercial premises or land has been damaged because of someone else’s actions, obtaining early legal advice can help protect your position and preserve important evidence.
Whether your dispute involves a neighbour, contractor, developer, landlord, utility company or another third party, our experienced property dispute solicitors can advise you on your legal rights and the options available.
Contact Bonallack & Bishop today for an initial discussion about your property damage dispute.
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Property Damage Solicitors – Frequently Asked Questions
Can I sue my neighbour for property damage?
Yes. If your neighbour has caused damage through negligence, nuisance or another recognised legal wrong, you may be able to recover compensation for the cost of repairs and other financial losses.
What evidence is needed for a property damage claim?
Photographs, expert reports, repair estimates, invoices, correspondence and witness evidence are commonly used. The evidence required depends on the nature of the dispute.
Can I recover the cost of repairing my property?
If another party is legally responsible for the damage, you may be able to recover reasonable repair costs together with certain additional losses directly caused by the damage.
How long do property damage claims take?
Simple claims may settle within a few months. More complex disputes involving expert evidence or court proceedings may take considerably longer.
What if the damage was caused by building work next door?
You may have a claim against the neighbour, the contractor or both, depending on the circumstances. Early expert advice is often important where structural damage is alleged.
Do I need a surveyor before speaking to a solicitor?
Not necessarily. A solicitor can often advise whether expert evidence is required and help you instruct an appropriate surveyor if needed.
What if my insurance company is already dealing with the claim?
You may still benefit from legal advice, particularly if liability is disputed, your insurer refuses cover, or your uninsured losses are significant.
How long do I have to make a property damage claim?
Many claims are subject to the limitation periods in the Limitation Act 1980, but the applicable time limit depends on the type of claim. You should seek legal advice as soon as possible because missing a limitation deadline can prevent a claim from being pursued.
