SWMBO and I have a disagreement.
Part of out property, an old shop front in serious disrepair, fronts straight onto the road puplic highway, where two of our neigbours park their cars. Parts of the frontage could possibly fall onto neighbours' vehicles.
To make necessary repairs could take a while, and we are planning to remove the shop front and convert this part of the property to residential accomodation, so we were planning to leave alone at the moment, as it is at least watertight.
My suggestion is to place a clear warning in the window to the effect that persons park at their own risk bearing in mind the poor state of the building. SWMBO doesn't think this would work at exempting us from liability. Who is right?
I am quite happy to make temporary repairs, removing any immediately dangerous hazards and making safe. My neigbours seem amicable enough, but their insurers may not be and other people that park there may not be.
Any advice please.
Thanks
Hugo
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I think wifey has it right - in fact you could even invite all sorts of unwanted action by drawing attention to it.
As it fronts directly on to a public place, the council or highways agency could sit up and take notice.
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IANAL (I am not a lawyer) but...
If a tile is blown off your roof and damages a car then it seems it
is "an act of God" and you are not liable (I was suprised at this).
If you know something is in a bad sate of repair then you are negligent and liable for consequential damage.
Martin
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>>>>>As it fronts directly on to a public place, the council or highways agency could sit up and take notice.<<<<<<<
.... and apply to a Magistrates Court for an Order to direct, within a time scale, you to execute works to make safe or demolish. Offence not to do so.
Building Act 1984 Section 78
DVD
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Wife is 100% right Hugo.
P.S. I was down in Kelly Bray last week. Nice part of the world methinks.
Regards. M.
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>SWMBO doesn't think this would work at exempting us from liability Who is right?
She is. 100%.
Firstly it is not possible to exempt yourself from legal liability whatever signs you use, and whatever other steps you take.
Secondly, by putting up a notice you are acknowledging that not only is the building dangerous, you also know about it.
You need to fix, or at least make safe.
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Secondly, by putting up a notice you are acknowledging that not only is the building dangerous, you also know about it.
Which means, according to my insurance co., recently (and somewhat gleefully, I thought) because you know about it, you are not insured.
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OK that's that settled.
One nil to SWMBO!
Memo to myself:
1 - Fix or make safe potential hazard
2 - Don't let the wife see this thread!
Thanks for all your responses - all of which make sense really, it's not the first time I've been wrong and I'm sure it won't be the last.
Hugo
PS, Martin - why didn't you let me know you were coming, I would have put the kettle on! I live about 4 miles from Kelly Bray. Have you got a job on there?
Hugo
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