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I live at the base of a hillside with several ridges of rock cliff high above me. The council have surveyed these cliffs and say there is no danger to my home from rockfall. In the future, if my property is hit by a boulder that falls from this council land behind me, who is liable?
Already Tried: CERA, CCC, Geotech, Council Bylaws, EQC...
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
The rule is that the property on the uphill side is liable for any damage caused by a rockfall like this. In addition, if the council has certified that this cliff is safe, then they have a duty of care to ensure this is correct, and if a boulder does fall then they will be liable under the law of nuisance and of negligence.
And if the council, rather than 'certifyingthat the cliff is safe', just states: “In your area, the best available geotech. info. indicates it is safe for most homes to be reoccupied for now, but further investigatiuon is needed before we can be sure it will remain so over the medium to long term.”
What is their liability now? Have they just covered themselves or not?
The council would be liable if something happened now, but in say 10 years this may not be the case.
They have not covered themselves.
Experience: LLB MMgt FAMINZ 32 years qualified as lawyer