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So, I got a letter from Network rail the other day to say that the gabion walls that are supporting my (an my neighbours') gardens may be overloading the sloped embankment that separates our houses from the railway. Network rail have said that they have done some interim works (tree removal and additional catch netting) that they expect to last 1-3 years, but they have said that they may want to claim on our insurances as the gabions are ours and therefore fall to our responsibility. They have asked us to contact our insurance companies to give them a heads up (I guess).
I don't really have a problem with this as I know they will just talk to each other. However what I am a bit worried about is that if they haven't come to an agreement in the next few years and we want to sell our house, will we have a big problem??
Anyone had a similar experience?
Yes, it will. It's a potential unknown liability that you would have to disclose during the sale process, so I would be concerned by that as a buyer. Plus if you don't any subsequent purchaser might find their insurance won't cover it so you could be on the hook for that as well.
how long have your gabions been there would be my first question.
My first question would be "what's a gabion?"
Would that even be an insurable risk? Gabions presumably only have a finite lifetime before the metal rusts away after which time you either have to hope the bank they were protecting has stabilised, or replace them. IANACivilEngineer.
If they were in good condition and failed suddenly then the insurance might cover the damage, but surely not normal dilapidation? Just like they would cover storm damage to your roof, but not the replacement of 100 year old slate that had weathered away necessitating a new roof.
My first question would be “what’s a gabion?”
GCSE Geography, those big metal cages filled with rocks used to beef up cliffs and stop the sea eroding them. Also good for stabilising embankments because they're heavy and don't tend to slide down the slope like soil.
wrong forum!!
they've been there probably 19-20 years.
This suggests 30 - 50 year lifespan in an urban environment, more if you're rural:
https://gabion1.co.uk/gabion-life-expectancy/
I don't think its that the gabions have failed…..its more that the weight they are holding is overloading the slope. it is one of networks rail's geotechnical engineers saying this. this is therefore a design issue rather than a failure of a structure or construction material.
ok , but surely they were ok when installed- i cant imagine the guy who installed them just fired them in without calcs ? and if so the liability is on them and the network rail dude that approved the design ?
I don’t think its that the gabions have failed…..its more that the weight they are holding is overloading the slope.
So the gardens were at a lower level before or sloping down to meet the top of the embankment?
What are NR saying will need to be done ultimately to remedy it? Is this in response to an actual problem on the embankment, or just the NR engineer spotting them during a routine inspection and scratching his head?
When they were installed, presumably you'd have needed permission from NR as they are a structural addition to the embankment?
They removed some trees, surely this makes their embankment less stable and more susceptible to movement...
Are the gabions definitely yours? Or is it NR asserting that they are?
Just so I can picture it in my head - is your house above / below the rail track? Based on your description it sounds like your house is above and at the end of the garden is a gabion that's between track level and your garden? (With perhaps a bit of slope?).
What came first - house or track?
Check the definition of buildings in your insurance policy - gabions might not form part of the buildings that are insured. Also I think that if you are making a claim for landslip (which this could potentially be) there would have to be damage to the buildings for any repairs to be covered and then might not include the gabion repairs. Maybe best to speak to your insurers.
I would have a good look at your insurance policy. I'd be surprised if it covers liability to neighbouring property as a result of defective design - which is what it sounds like to me. If your insurance does cover such liability, they will want to establish whether the liability really exists - they won't just accept NR's assertion. For example, could the embankment have been cut back to create space for trackside equipment, making it steeper - in which case you may have a counter claim on NR for effectively undermining your land.
You definitely need to get to the bottom of it before you consider selling, and even if not. Key things to establish, if you can, are what the embankment was like before the gabion wall was built, who built it, who designed it, did the railway owner at the time approve it? If it required planning permission you may find details in the local authority files. Something may have come up in solicitor's searches when you bought the house (and if it didn't, should it have?).