Councils , rivers and roads

lance
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Councils , rivers and roads

Post by lance »

We have had problems with our local council who won't fix the huge ruts in the road outside our property , this has coursed cracking to our walls and river bank that they claim is our responsibility and our insurance company sent down some engineers to monitor the vibration and they concluded- It was clear from the data collected that the vibration felt within the property is caused by the road traffic travelling along the road which is close to the property frontage. It is understood that the road surface was re-surfaced in June 2019 however there are undulations seen in the road and if the road surface is repaired to a better standard to eliminate the undulations this would reduce the vibration being generated travelling through the road surface to the property.
If any items such as windows and doors to the exterior or wall mounted and free standing display cases in the interior of the property, have the same resonance frequency as those being generated by the passing traffic, even at a low levels of vibration being generated, could excite them to vibrate excessively and cause damage.
The overall vibration amplitude levels apparent at the time of the survey would not cause any major structural damage to the building structure but if left as a continual vibration impact, minor damage will continue to occur over time as the vibration combines with other building stresses. The impact of the vibration will also be of a human annoyance value as these vibration frequencies would be felt by the occupants within the building.The council say we are responsible for the River bank next to our House , should we have been made aware of this before we purchased the property ? .
lance
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Re: Councils , rivers and roads

Post by lance »

Is anyone out there who can help me please
Collaborate
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Re: Councils , rivers and roads

Post by Collaborate »

Who do you think should have made you aware of this?
lance
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Re: Councils , rivers and roads

Post by lance »

The solicitor
Collaborate
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Re: Councils , rivers and roads

Post by Collaborate »

And how could the solicitor have discovered that in 2019 the highways department resurface the road with undulations?

This is something that might be covered by a survey, though it very much depends on that was apparent at the time of the survey.

You would have to show that at the time of the survey there was evidence of damage, and it was reasonable for the surveyor to have believed the cracking was caused by road traffic. You would also have to prove on the balance of probability that the cracks are caused by traffic.
Collaborate
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Re: Councils , rivers and roads

Post by Collaborate »

PM from the OP -which I will post on here as there is no reason for it to be private:
The solicitor, in my T6 form it has nothing about boundaries
1. What does your problem have to do with boundaries?
2. Section 1 of the TA6 form is literally headed "Boundaries".

Did you mean something other than boundaries?

This is the form for the seller to disclose relevant issues. Did they lie on the form? Sometimes they may refuse to answer a question, saying that the buyer should make their own enquiries.

What did you pay your solicitor for the conveyancing? Don't include fees paid to others - just what did you pay for their time, as I'm forming the view that you expected some Piorot style sleuthing for them to discover something their legal training won't have given them any expertise in
lance
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Re: Councils , rivers and roads

Post by lance »

I'm not a solicitor that's why we employed one to handle the purchase. I had no idea that we might be responsible for the river bank running along side our house, if we had known this we wouldn't have purchased it. The river bank in made of stone and will cost a fortune to maintain. I have since spoken to a solicitor and he has said the boundaries and responsibilities of the river banks should have been made clear in that section. With respect Collaborate If you're not a solicitor then you shouldn't be handing out advise .
MacadamB53
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Re: Councils , rivers and roads

Post by MacadamB53 »

Hi lance,

so, to summarise:

The council say we are responsible for the River bank next to our House

and...

I have since spoken to a solicitor and he has said the boundaries and responsibilities of the river banks should have been made clear in that section [section 1 of TA6 form]

and...

...in my T6 form it has nothing about boundaries

I’m guessing that last statement means “in section 1 of the TA6 form there was no mention of the river bank being part of the property”?

if so, either 1. you may have a case against your seller or 2. the council are wrong.

before you can do anything you need to find out what the council are relying on to make their statement...

kind regards, Mac
lance
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Re: Councils , rivers and roads

Post by lance »

Thanks Mac , My solicitor thinks that the responsibility for checking the TA6 for any missed information lays with the conveyancing solicitor on my side . The council state that the Welsh government say that home owners should assume ownership of river banks. I thought Laws were black and white and no assumptions should be taken.
arborlad
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Re: Councils , rivers and roads

Post by arborlad »

Read up on ad medium filum........................it's something that any solicitor should have known about and explained to you.
Last edited by arborlad on Mon Jun 01, 2020 12:21 pm, edited 1 time in total.
arborlad

smile...it confuses people
Collaborate
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Re: Councils , rivers and roads

Post by Collaborate »

arborlad wrote: Mon Jun 01, 2020 12:13 pm Read up on ad medium filum.
This only applies to rivers that are tidal.
MacadamB53
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Re: Councils , rivers and roads

Post by MacadamB53 »

Collaborate wrote: Mon Jun 01, 2020 12:17 pm
arborlad wrote: Mon Jun 01, 2020 12:13 pm Read up on ad medium filum.
This only applies to rivers that are tidal.
quite the opposite...

Where properties are separated by a natural non-tidal river or a stream, the presumption is that the boundary follows the centre line of the water (ad medium filum aquae) so that each owner has half of the bed.

taken from HMLR Practice Guide 40.

stay safe, Mac
lance
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Re: Councils , rivers and roads

Post by lance »

Thanks Mac. My land registry shows border line running along side my house and not in the river bed , one would think I,m not a repirian in UK laws but apparently Welsh laws state you should assume ownership. This is why amature politicians in the uk should be banned from law making .
lance
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Joined: Wed May 27, 2020 2:26 pm

Re: Councils , rivers and roads

Post by lance »

MacadamB53 wrote: Mon Jun 01, 2020 12:35 pm
Collaborate wrote: Mon Jun 01, 2020 12:17 pm
arborlad wrote: Mon Jun 01, 2020 12:13 pm Read up on ad medium filum.
This only applies to rivers that are tidal.
quite the opposite...

Where properties are separated by a natural non-tidal river or a stream, the presumption is that the boundary follows the centre line of the water (ad medium filum aquae) so that each owner has half of the bed.

taken from HMLR Practice Guide 40.

stay safe, Mac
Hi Mac, as I said at the start of my post, I'm not to know the laws regarding who's responsible for what , this is why we had a solicitor. It seems odd that my solicitor pointed out very minor details yet missed a huge one called ownership of a river bed and its banks , at the very least I would have expected some detail in the T6 regarding boundaries.
MacadamB53
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Re: Councils , rivers and roads

Post by MacadamB53 »

Hi lance,

at the very least I would have expected some detail in the T6 regarding boundaries

if you expected something but didn’t get it, why didn’t you raise this with the sols at the time?

or is this hindsight?

kind regards, Mac
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