The risk of future damage following a landslide may lead the judge to impose preventive measures. This was decided by the Court of Cassation in its judgment of 24 October 2019.
To protect the land below his property, an individual was forced to build a retaining wall.
The wall was built without due process and has proven to be of precarious stability. Its long-term viability was threatened by structural flaws. The Court of Appeal held that it not only failed to protect the adjacent land, but also aggravated the risks. It ordered him to carry out work to remedy the situation.
In contesting the decision, the manufacturer argued that there was no evidence of a collapse or its inevitability.
The judge found that the risk of collapse, the lack of implementation of a large-scale wall to control land and water exceeded the normal neighborhood disadvantages.
