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Property Subsidence: New Law, Strict Liability and Ubuntu
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Property subsidence is every homeowner’s nightmare. Perhaps you’ve noticed those cracks in the living room wall widening alarmingly, or perhaps the pool is moving and starting to leak. Suddenly you fear for the integrity of your house and property.
The neighbour, who is happily excavating next door for a new house or garage or pool, can’t or won’t address your concerns. “It’s your problem” says the neighbour, “I’m building strictly according to plan”.
Where do you stand legally? What can you do to protect your land and house, or to recover your losses if the damage has already been done? We address those questions with reference to a new and “ground-breaking” Supreme Court of Appeal judgment.
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