Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / Press / 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.

Related Articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron