The leaves fell off the trees a few months ago and the dark days have arrived. And not only that. With that comes a lot of rain! Persistent rainfall in the Netherlands leads to a rise in groundwater levels. In recent years there has been more precipitation than the soil could handle, causing the excess water to accumulate in the ground layers. Forecasts for next year also predict little improvement. The result? Lots of legal action over leaking basements. The sellers of your home may not have been affected (yet), but you were. So who is liable?<\/p>\n
Myrthe de Vries<\/a> is an attorney specializing in real estate law and has written a blog series on this issue. When is the seller liable for a basement basin that cannot handle high groundwater levels? And what if the tub was always leaking, but this problem is only now manifesting itself? Attorney De Vries discusses these issues in the \u2018Wet Feet\u2019 series and explains when a leaking basement tub is a hidden defect<\/a> (non-conformity<\/a>) yields.<\/p>\n The effects of high groundwater levels<\/a> can be significant. By now we are all familiar with floods, which have occurred especially in the southern part of the Netherlands. Infrastructure also suffers from high groundwater. In January 2023, for example, the Vollenhoventunnel on the A28, near Zeist, came up 1.2 centimeters up by the high groundwater<\/a>. While that was partly caused by the applied, the problem would not have been there without the high water table. In all, there are now seven tunnels in the Netherlands facing similar problems.<\/p>\n But people also experience inconvenience on a smaller and more personal scale. More and more basements, souterrains and crawlspaces have water running into them because the structures of homes are simply not designed to handle these extreme conditions. This raises legal questions.<\/p>\n For example, can you hold the seller of your property liable if you bought the property recently? Does the responsibility for raising the basement sink lie with the Owners Association<\/a> (VvE<\/a>) or the individual owner who has the exclusive right to use the basement? And can a landlord be sued to take action when mold nuisance occurs due to a damp crawl space?<\/p>\n To determine whether you can hold the seller of your home liable for the flooding, the first thing to consider is whether you as the buyer knew or should have known about the defect. For example, if the seller has reported that there has been flooding in the basement in the past and this problem has not been corrected, you as the buyer are expected to further research<\/a> does. In such a case, there may not be a hidden defect<\/a> What you can hold the seller accountable for.<\/p>\nLeaky basement tank or basement tank too low for rising water table?<\/h2>\n
Basement problems due to high groundwater<\/h2>\n
Speak to seller about leaky basement tank<\/strong><\/h2>\n
What to do if there is a leak in your new home<\/strong><\/h2>\n