When the private cellar buried under the public highway collapses, which is responsible?

For example,

When private cellar buried under:

LWhen we buy a property that includes a cellar threatened with collapse. Similarly, it is better to fill the said cellar than to make the policy of the ostrich, if we want to avoid the troubles, as the following affair shows.

On July 20. However, 2014, a water pipe located under the road in a street in Nanteuil-sur-Marne (Seine-et-Marne) broke, causing the flood of the end of X, a few meters below. Meanwhile, More than 1,000 vinyl records, worth 29,000 euros, which were stored there, are damaged.

The MAIF. Furthermore, multi -risk insurer of X, sends an expert, which concludes that a soil study is needed to determine the causes of the disaster. In the immediate future, the MAIF compensates the discs up to 7,700 euros, the ceiling subscribed for the “Collection objects”. The when private cellar buried under X, who do not agree, enter justice and obtain the appointment of a legal expert.

Chronicle: Article reserved for our subscribers Legal expert or amicable expert: which must be called?

In January 2017. the latter explains that the breakdown of the pipe is due to the collapse of a cellar, which served as a retaining work. However, this cellar belongs … to the X. They knew they should fill it when they bought their pavilion in 2008.

Their vendress had indeed informed them of the state of dilapidation of the cellar. 200 years old, and of its exchanges with the municipality to obtain the right to make it the filling when private cellar buried under of it, knowing that the road under which it was housed the network of water in the town.

Mayor visit – When private cellar buried under

In 2006. this previous owner had even visited the cellar to the mayor and his assistant, that she had notified risks that the collapse would represent, for traffic users. In the absence of an answer, she had only made the entrance to it, to prohibit access.

The act of sale of his house indicated: “The buyer. knowledge taken of this letter [au maire]of the observation made by Me H, bailiff (…) And the quote provided by the company Thiriot dated March 27, 2006 for the possible filling of this cavity, declares that he wants to make it his personal business, without recourse against the seller. »» However. for six years, neither the X nor the municipality did anything, as the expert notes, who attributes 20 when private cellar buried under % responsibility to the municipality.

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