Flooding and Property Queries

The damage to property in Scotland caused by recents floods is unlike anything many parts of the country have experienced before and this has led to some complex legal queries in relation to damage to properties.

12 January 2016

Following Storm Frank and the wettest December on record, there has been a substantial amount of damage to property in Scotland and elsewhere in the UK over the last few weeks. In particular, north east Scotland has been badly affected with images of flooding at Braemar and Ballater.  The damage caused by floods is unlike anything many parts of the country have experienced before and this has led to some complex legal queries in relation to damage to properties. 

Over the last week, we have investigated a range of property queries to assist our clients in light of the recent flood damage, such as

  • Who is responsible in an agricultural lease where fencing has been swept away completely?
  • What is the effect on a lease where a substantial amount of property has been damaged or washed away?
  • What happens when urgent repair work is needed on buildings and there is no planning permission in place?

If you have been affected by flooding in Scotland and the corresponding damage to property and are wondering who is responsible for the repairs, we would be happy to advise.

For more information, please contact Peter Misselbrook or Stuart Greenwood.