Flooding and Land Erosion Claim Lawyers

How can we help?

We have represented clients in a significant number of complex land erosion and flooding claims and are specialists in this area of law.

What should you do if your property has suffered damage?

If your property has suffered damage due to flooding or soil erosion, your first step in seeking redress should be through your insurer. If you are unhappy about the way in which your insurer settled your claim for property damage you should make a complaint to the Financial Ombudsman Service to see if they can assist you. They will investigate your complaint and if they feel you have been treated unfairly, they will expect your insurer to put things right.

When should you seek flood damage or land erosion claim lawyers?

After pursuing your insurance claim (and if necessary, a complaint to the Financial Ombudsman Service), you should consider instructing flood damage or land erosion claim lawyers in the following situations:

If your property damage was caused by man-made factors:

Even with an insurance settlement, you may be able to claim additional damages from those responsible under the law of ‘nuisance’, which deals with the unlawful interference of use or enjoyment of land. These claims are often complex with several factors that courts will consider, making specialist legal advice essential.

If authorities have failed in their flood management duties:

Water damage and flooding issues are governed by the Flood and Water Management Act 2010, which places legal responsibilities on various agencies to manage flood risk. If the relevant authority has failed to uphold their responsibilities under the Act, you may have grounds for a compensation claim separate from your insurance settlement.

If your insurance claim has been unsatisfactory:

When your insurer’s response doesn’t fully address your losses and you’ve exhausted the Financial Ombudsman Service route without satisfaction, our specialist lawyers can explore alternative legal remedies.

Such property damage and land erosion claims are likely to be complex and require expert legal guidance to navigate successfully.

Types of flooding and erosion claims we handle

Our lawyers handle a wide range of flood damage and land erosion claims arising from both natural and man-made causes.

Flood damage claim examples:

• Properties affected by water leaks and seepage from commercial enterprises, industrial plants and factories.
• Homes damaged by flooding due to lack of maintenance of sewage pipes and drainage systems

Land erosion claim examples:

Man-made erosion:

• Soil degradation caused by wastewater networks of factories, industrial plants, and other commercial enterprises
• Erosion caused by tree removal during building works leading to subsidence and ground movement
• Soil degradation from farming and agriculture activities
• Mining and other commercial activities resulting in collapse, heave, landslip and settlement

Natural erosion:

• Riverside and seaside properties suffering from natural soil erosion
• Properties affected by extreme weather patterns causing increased flooding events

These examples represent the complex range of cases our specialists handle, whether dealing with extreme weather flooding events, agricultural run-off causing soil degradation, or failures in flood defence planning.

Professional negligence claims

Local searches should reveal known risks to the land, whether there are flood defence plans in place, and the full insurance position in respect of the risks identified. If appropriate searches were not carried out, or if you were not informed of results which indicated a risk of flooding or insurance exclusions, you may have a claim against your conveyancer for professional negligence. This is particularly important for seaside and riverside properties that suffer an inherent, natural risk of soil erosion, where your surveyor or property solicitor should identify these risks and make you aware during the conveyancing process.

Flood damage claim expert

Jonathan Tyler, partner and expert flood damage lawyer, has significant expertise in cases all over England and Wales. His relationships with hydrologists and other experts, as well as specialist counsel, ensures Wellers can provide a comprehensive legal team that can deliver high levels of service for every water damage claim.