How can we prevent another landslide into our garden?

After heavy rainfall, a reader of The Sunday Times has experienced a landslide into their garden, bringing debris from a neighbour’s land onto their lawn. They also describe some
substantial ground movement further up the hillside, and anticipate further slippages. They have queried what legal obligations the landowner has, and what is reasonable to ask of him, as drainage work may be required on his land.

‘You may have a claim in ‘private nuisance’. The owner of the neighbouring land, in this case a farmer, may owe you a duty of care in relation to a hazard stemming from the farmer’s land. These cases can be divided into two categories: (a) where the nuisance is a ‘natural nuisance’, or (b) where the nuisance stems from a ‘non-natural user’ of the land. It sounds as if the former applies to your circumstances. However, it would be worth investigating if there might be a link between the landslide and farming practices, as this may strengthen your position.’

Simon Painter, Partner in BDB Pitmans’ property litigation team, discusses the options available to the individual.

The full article is available to subscribers of The Sunday Times, here.