WA landowners liability for actions of previous owner
- Thread starter SP3
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- retaining wall
That's not the question.
The real question is
bringing an action against the builder, even if you are within time,
could well be greater than just going halves in the work.
The real question is
"Am I obliged to help pay for the repairs we now know need to be done?"
Problem is, the cost, time, effort, and burden of evidence of
bringing an action against the builder, even if you are within time,
could well be greater than just going halves in the work.
This is the specific situation here:
1. The current landowner claimed against the neighbour for repairs to the boundary retaining wall, alleging defective wall design.
2. The neighbour decided to defend. He carried out surveys and engaged an engineering expert to investigate the cause of the wall defects.
3. After ground testing and geotechnical analysis , the expert found that the wall had failed because of unauthorised excavations adjacent to it, carried out by the builder about 10 years ago. Compelling evidence was obtained from the Council that the undermining occurred during subdivision siteworks. The undermining was discovered by the Council building surveyor during a site inspection at the time. . The Blg Surveyor ordered the builder to carry out supporting works. The works were never carried out to the full extent required . This event is all fully documented but presumably the previous owner never passed on the information to the current owner. Caveat Emptor?
4. The property was , at the time owned by the previous owner , not the current owner.
5. The neighbour now wants to claim against the current owner for the wall repair costs. ( not the builder ) .
6. Is the current owner liable for the repair costs? Isnt the current owner liable for the damage ? Doesnt that come with ownership?
7. If not, who is?
thanks
A person does not inherit liability for acts or omissions committed by others
on land they did not own at the time.
Is the neighbour treating this as a dividing fences matter, or as a claim in negligence?
If the latter, against whom?
In the end, if somebody can prove defective work, and you (variously) are not out of time to bring an action, say in negligence,
then somebody is going after the builder, or perhaps their insurer.
Who are you in this?
on land they did not own at the time.
Is the neighbour treating this as a dividing fences matter, or as a claim in negligence?
If the latter, against whom?
In the end, if somebody can prove defective work, and you (variously) are not out of time to bring an action, say in negligence,
then somebody is going after the builder, or perhaps their insurer.
Who are you in this?
Thanks for your reply.
I am the neighbour in this litigation .
I am counterclaiming against the current owner , I am alleging the wall defects are as a result of the current owners negligence. I thought he would have inherited the liability.
it is in WA. The WA dividing fences Act does not include retaining walls.
The WA limitations Act appears to say 6 years. The actual damage , caused by the builder , occurred about 10 years ago.
If the current owner is automatically exempt from liability , who then is liable?
Does the limitations Act also preclude any action against the builder?
The wall is slowly rotating over. Experts from both parties agree it needs to be fixed or it will collapse. Someone needs to fix it. Why not the person who caused the failure.
Does the fact that the current owner initiated the litigation in 2017 ( alleging wall failure due to what turned out to be an incorrect reason ) have any bearing on his liability ?
thanks
