Site insurance on plot of land

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  • mulberry49
    started a topic Site insurance on plot of land

    Site insurance on plot of land

    We own a plot of land and the access road. The owner of the next plot which is also adjacent to the access road and has use of same, is now at the second fix stage of his build. Because so many tradesmen are attending at the same time they are using our plot as a car park. No one has requested permission and this will continue if the plot is not cordoned off, which I don't want to do as I know it will cause ill feeling.

    However, reading up on site insurance for our forthcoming build I read that site insurance is essential because if anyone has any sort of accident on our land they can sue us. At the moment there is no insurance whatsoever on the plot of land and my health and safety head is telling me I should request that they don't park on the site. Obviously this will cause ill feeling as other people don't seem to recognise the importance of health and safety measures. Parking will be much more restricted if I cordon off the site.

    My question is - what should I do. Should I ask the owner of the other plot to sign a disclaimer or ask him to see whether his site insurance will give cover for someone else's plot and include our plot with theirs. I am not sure how a disclaimer would stand up in court or should I simply explain the situation and cordon the site off. I'm not trying to be awkward but I know how things can happen unexpectedly.

    The other owner has allowed building rubbish to mount up, again on our site and I asked them this week if they could get it removed as it was spreading. A skip has arrived today thank goodness. Again this was becoming a safety hazard.

    Any advice would be appreciated.

  • mulberry49
    replied
    Site insurance on plot of land

    Thank you for your response which was very helpful. I can see I have been too relaxed in allowing the other owner to let his contractors use our plot as a dumping ground. What alerted me to health and safety issues was the parking of a whole load of cars and vans right across our plot and I became aware that there could be consequences if anything happened.

    I think the best course of action is to cordon off the plot as I don't want to be in a position where I have to prove anything to anyone. I have no idea of the insurance cover his tradesmen carry. Cordoning off will only result in more restrictive parking for tradesmen and in any event, his house is nearly finished. I suppose we have been lucky nothing detrimental has happened over the past 10 months

    Again, thanks for your very full and helpful reply.

    Leave a comment:


  • philipweson
    replied
    If you have the correct insurance in place, and someone suffers an injury on your land due to your negligence, then your insurance should look to pay on that claim. if the other site owner is placing items on your plot which could cause harm or injury, you are under and obligation to inform that person to remove them.

    if you are allowing access and use of your plot by the other plot owner then then you are accepting liability for his action on your land, but you have to be negligent.
    If items are left safe and tidy and are not to risk to anyone then I fail to see how you would be negligent.
    If the use of your plot is left unsafe and untidy and you are aware of it, you need to bring it to his attention that you may be liable in the event of an injury. If he really needs to leave something on your land then it should be left safe and tidy.

    If he is using Bona fide subcontractors they should carry their own public liability insurance and they would insured if they cause injury or damage due to their negligent actions.
    So if the bona fide subcontractor left something on your land and someone injured themselves due to something the subcontractor has left unsafe then it would be the subcontractors insurance that would be liable and not your site insurance. the problem would be in proving it.

    Or if he employs his workers and the site has employers liability attached to the site policy and again if that employee left something on your land in a unsafe condition and someone injured themselves due to his negligence then the site insurance should be liable and not yours, again you would need to prove it.
    As for the disclaimer, you cannot contract of of any liability for injury it would be classed as an unfair term.

    Hope this helps,

    Leave a comment:

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