The case law regarding liability for subsidence damage following encroachment by tree roots from neighbouring land is presented in the context of the recent House of Lords…
Abstract
The case law regarding liability for subsidence damage following encroachment by tree roots from neighbouring land is presented in the context of the recent House of Lords judgment in the case of Delaware Mansions Ltd v. The City of Westminster.
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The long historical background to flood defence is outlined. It is noted that many of the concerns and approaches are not new. However in some areas changes are occurring. The…
Abstract
The long historical background to flood defence is outlined. It is noted that many of the concerns and approaches are not new. However in some areas changes are occurring. The freshwater flooding across much of England and Wales in spring 1998 hastened new approaches to the relationship between flood defence agencies and the public. Recent published guidance on flood proof construction is described and reviewed, and a role for the building surveyor is identified.
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Peter Wynn and Graham Hardiment
Examines whether surveyors engaged in mortgage valuation inspections using questionnaire‐style report forms supplied by lending institutions are subject to an increased risk of…
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Examines whether surveyors engaged in mortgage valuation inspections using questionnaire‐style report forms supplied by lending institutions are subject to an increased risk of liability in respect of identifying the present and future threat of subsidence to domestic properties. Analysis of the mortgage valuation report forms used by 34 different lending institutions showed that 20 per cent failed to ask any subsidence‐related questions, only 6 per cent asked about the geology or soil type of the site, and only 9 per cent asked about the location of trees relative to the building. Evaluation of the report forms showed that the type, quality and quantity of questioning were such that 24 out of the 34 were inadequate and unreliable, leaving the surveyor at an increased risk of litigation.
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Public bodies have no statutory duty to provide flood defences and do not have enough funds to meet all their requirements. This has led to a recognition that flood prevention is…
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Public bodies have no statutory duty to provide flood defences and do not have enough funds to meet all their requirements. This has led to a recognition that flood prevention is not something to be left to others and now there is encouragement for householders to undertake “do it yourself” flood defences. Such measures are not without risk of damage to other properties. Therefore, an investigation has been undertaken to establish whether there is associated legal liability, should such damage occur. No cases have been published directly concerning liabilities for damage resulting from these activities. However, the Doctrine of Precedent declares that cases must be decided the same way when their material facts are the same. Cases which have similar relevant material facts, although not arising from modern “do it yourself” flood defence are identified. The ratio decidendi of cases concerning the receipt and passage of naturally flowing water, the increased passage of water to the property of others, and the overtopping or failure of structures that have held back water are examined. Then discusses these cases in the context of home flood defence. Concludes that protecting one's property from flooding is legally a relatively safe activity.
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A case study of a domestic structure that suffered damage as a result of foundation movement in the 1970s is examined. Conclusions and recommendations made at the time are…
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A case study of a domestic structure that suffered damage as a result of foundation movement in the 1970s is examined. Conclusions and recommendations made at the time are revisited in the light of limitations of the original site investigation and subsequent performance of the structure.
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Waste generation by the construction industry is a significant issue for the industry and for society generally. The paper examines previous studies about attitudes towards waste…
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Waste generation by the construction industry is a significant issue for the industry and for society generally. The paper examines previous studies about attitudes towards waste management within the industry and by means of a small questionnaire study sets out to examine: the extent of labour only sub‐contractors' awareness and understanding of waste as an issue, their perceptions of the causes of waste and their attitudes towards the allocation of financial responsibility for waste minimisation. The survey shows that the results of previous studies can be extended to labour only sub‐contractors and it identifies a willingness, beyond what might have been anticipated for this group, to accept some of the costs of waste reduction.