Disputes between adjoining property owners regarding retaining walls are more common than they seem. In many cases, the condition of these structural elements leads to conflicts that may result in material damage or even court proceedings. Who is responsible for maintaining the wall?. What happens if its deterioration causes damage to the neighbouring property?. Can its repair be demanded?. We answer these and other questions in this week’s article on problems with the neighbour’s wall.
What Does the Civil Code Say About Liability in These Cases?.
Article 389 of the Spanish Civil Code establishes that the owner of a structure that poses a risk of collapse must take the necessary measures to prevent its failure. Otherwise, they will be liable for any damage caused. This provision is linked to Non-contractual liability foreseen in article 1902 CC, which imposes an obligation to compensate for harm caused to another party, whether through action or omission.
When a retaining wall has structural deficiencies, its owner is obliged to maintain it in a safe condition. If they fail to do so and this results in damage to the neighbouring property, the affected party has the right to demand repairs. Moreover, if damage has already occurred, they may claim compensation.
Additionally, Article 1910 CC establishes a presumption of strict liability when a construction causes damage to third parties, even in the absence of fault by the owner, unless they can prove the damage was caused by external factors beyond their control.
Key Aspects in Resolving These Disputes.
To determine liability in problems with the neighbour’s wall, courts typically assess several crucial factors:
.- Ownership of the wall: Does it belong to a single owner, or is it a party wall?.
.- Function of the wall: If it was built to retain soil following excavation, its owner is responsible for ensuring its stability.
.- Condition and maintenance: If the deterioration results from a lack of upkeep, the wall’s owner will be liable for any damage caused.
.- Expert reports and judicial inspections: These are crucial in identifying the cause of the problem and the necessary remedial actions.
If negotiations between neighbours fail to resolve the conflict, legal action may be required to enforce structural reinforcements or claim compensation for the damages suffered.
From Dispute to Resolution: A Recent Success Case from Our Firm.
Recently, our firm obtained a favourable judgment in a case concerning problems with the neighbour’s wall. The dispute revolved around liability for a deteriorating retaining wall. This wall, which served to support the land following excavation, had severe structural defects and had not been adequately maintained by its owner.
The court ruled that the defendant must reinforce and repair the wall within a maximum period of six months. If they fail to comply, they will be required to pay approximately €130,000 to our clients for the execution of the necessary works. You can read the full judgment by clicking HERE.
If you encounter yourself in a situation like this, at White-Baos Lawyers can assist you. Do not hesitate to contact us. We are experts in property disputes and liability for structural damage.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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